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L.AWS 


OF    THE 


UNITED  STATES, 

i 

IN    RELATION   TO    THE 

.  *       '  -     "      '  '  '     '    '  '      '      '       '    - 

NAVY  AND  MARINE  CORPS; 

TO  THE  CLOSE  OF  THE  SECOND  SESSION  OF  THE  TWENTY-SIXTH  CpNGRESS. 


TOGETHER    WITH 


THE  ACTS  AND  RESOLUTIONS  OF  CONGRESS,  GRANTING  MEDALS,  SWORDS, 
AND  VOTES  OF  THANKS,  OR  HAVING  REFERENCE  TO  SPECIAL  OBJECTS; 
ALSO,  PRIVATE  ACTS,  FOR  THE  RELIEF  OF  INDIVIDUALS,  ALPHA- 
BETICALLY ARRANGED  :   AND  A  TABLE  OF  APPROPRIATIONS 

AND  EXPENDITURES,  FOR  THE  NAVAL  SERVICE,  FROM         *          * 
1791  TO  1840,  BOTH  YE^RS  INCLUSIVE.       '  /    • 


TO    WHICH    ARE    PREFIXED    THE 


CONSTITUTION  OF  THE  UNITED  STATES,  AND  A  SYNOPSIS  OF  THE  LEGIS- 
LATION OF  CONGRESS,  RESPECTING  NAVAL  AFFAIRS, 
DURING  THE  REVOLUTIONARY  WAR. 


AN  APPENDIX, 

CONTAINING  THE  LAWS  PASSED  AT  THE  TWENTY-SEVENTH  CONGRESS. 


PUBLISHED    BY    AUTHORITY    OF    THE    NAVY    DEPARTMENT. 
COMPILED   AND   ARRANGED 

BY    BENJAMIN    ROMANS, 

OF  THE   NAVY  DEPARTMENT. 


WASHINGTON: 

PRINTED    BY    J.    AND    G.    S.    G1DEOH . 

1843. 


•  A* 


PREFACE. 


A  compilation  of  naval  laws  was  printed  in  1826.  but  it  by 
no  means  embraced  all  that  had  been  passed  anterior  to  that 
date  ;  and  as  numerous  other  laws,  having  an  important 
bearing  upon  the  interests  and  operations  of  the  service, 
have  since  been  enacted,  a  new  compilation  was  rendered 
very  desirable,  if  not  indispensable. 

In  the  attempt  now  made,  it  has  been  thought  advisable 
to  embrace  all  the  acts  that  have  been  passed,  so  that  the 
reader  might  have  a  view  of  the  whole  legislation  of  Con- 
gress, concerning  the  naval  establishment,  from  the  forma- 
tion of  the  Government.  Although  many  of  these  laws  are 
obsolete,  they  will  serve  to  show  the  gradations  through 
which  the  navy  has  risen  to  its  present  size. 

All  the  acts  of  a  special  or  private  nature  may  be  con* 
sidered  as  obsolete,  their  provisions  having  been  complied 
with  soon  after  their  approval.  Their  insertion  here,  how* 
ever,  has  been  thought  appropriate,  either  to  serve  as  prece- 
dents for  future  action,  or  to  show  what  has  heretofore  been 
done  in  analagous  cases. 

The  laws  relating  to  the  slave  trade,  having  more  or  less 
connection  with  the  operations  of  our  naval  forces,  and  de- 
fining the  duties  of  commanders  in  their  efforts  to  suppress 
it,  have  been  inserted  at  length,  although  some  of  them 
make  no  allusion  to  public  vessels ;  yet  the  frequent  refer- 
ence to  previous  acts  seemed  to  call  for  the  insertion  of  all. 

The  table  of  appropriations  and  expenditures  has  been 
compiled  with  great  care  from  official  documents,  and  ex- 
hibits the  separate  and  aggregate  amounts  under  each  head. 
The  statistical  information  it  conveys  will  be  valuable  to  the 
politician  and  the  historian. 


£'  ^  :    - 

••• 


TITLES  OF  ACTS, 

ARRANGED  IN  CHRONOLOGICAL  ORDER. 


Approved.  Page* 

1789,  June   1,  To  regulate  the  time  and  manner  of  administering  certain  oaths,  -    29 

"     Aug.   7,  To  establish  an  executive  department,  to  be  denominated  the  department 

of  war,  -  -  -     29 

1794,  Jan.  13,  Making  an  alteration  in  the  flag  of  the  United  States,        -  -     30 

"     Mar.  22,  To  prohibit  the  carrying  on  the  slave  trade  from  the  U.  S.  to  any  foreign 

place  or  country,        -  -  -  -  .  -  -     30 

"     Mar.  27,  To  provide  a  naval  armament,      -  -  -     31 

"  June  5,  To  authorize  the  President  of  the  U.  S.  during  the  recess  of  the  present 
Congress,  to  cause  to  be  purchased  or  built  a  number  of  vessels,  to  be 
equipped  as  galleys,  or  otherwise,  in  the  service  of  the  U.  S.  -  33 

1796,  Apr.  20,  Supplementary  to  an  act,  entitled  "  An  act  to  provide  a  naval  armament,"     3E 

1797,  July    1,  Providing  a  naval  armament,       -  -  -  -     34 

1798,  Apr.  27,  To  provide  an  additional  armament  for  the  further  protection  of  the  trade 

of  the  United  States,  and  for  other  purposes,     -  -        .    S   .-        "     ^ 

"     Apr.  30,  To  establish  an  executive  department  to  be  denominated  the  department 

of  the  navy,   -  ......     37 

"     May    4,  To  authorize  the  President  of  the  United  States  to  cause  to  be  purchased, 
or  built,  a  number  of  small  vessels,  to  be  equipped  as  galleys,  or  other- 
wise, -  -  -  -  -  -  -  -     38 

"     June  22,  To  amend  the  act,  intituled  "  An  act  providing  a  naval  armament"  and 

the   act  intituled,  "  An  act   to  authorize  the  President  of  the  United 

States  to  cause  to  be  purchased,  or  built,  a  number  of  small  vessels,  to  be 

equipped  as  galleys  or  otherwise,"  -  -     39 

"     June  22,  To  extend  the  privilege  of  franking  letters  and  packets  to  the  Secretary 

of  the  Navy,   -  -  -     39 

"     June  28,  In  addition  to  the  act  more  effectually  to  protect  the  commerce  and  coasts 

of  the  United  States,    -  -  -     40 

"  June  30,  Supplementary  to  an  act,  intituled  "  An  act  to  provide  an  additional  arma- 
ment for  the  further  protection  of  the  trade  of  the  United  States,  and  for 
other  purposes,"  -  -  41 

"     July  11,  For  the  establishing  and  organizing  a  marine  corps,  -    42 

"     July  16,  To  make  a  further  appropriation  for  the  additional  naval  armament,  •     44 

"      July  16,  To  alter  and  amend  the  several  acts  for  the  establishment  and  regulation 

of  the   treasury,  war,   and  navy  departments,  -  -  -     44 

1799,  Feb.  25,  Fixing  the  pay  of  the  captains  and  commanders  of  ships  and  vessels  of  war 

of  the  United  States,  -  -  45 

"  Feb.  25,  For  the  augmentation  of  the  navy,  -  -  -  46 

"  Feb.  25,  Authorizing  the  establishment  of  docks,  -  -  47 

"  Feb.  25,  Authorizing  the  purchase  of  timber  for  naval  purposes,  -  •  ^  -^  -  47 
"  Mar.  2,  Authorizing  an  augmentation  of  the  marine  corps,  -  47 

11  Mar.  2,  For  the  government  of  the  navy  of  the  United  States,  -  -  47 

"  Mar.  2,  In  addition  to  "  An  act  for  the  relief  of  sick  arid  disabled  seamen,"  -  58 
"  Mar.  3,  Authorizing  the  President  of  the  U.  S.  to  fill  certain  vacancies  in  the  army 

and  navy,        -  -  -     58 

1800,  Apr.  22,  Fixing  the  rank  and  pay  of  the  commanding  officer  of  the  corps  of  marines,     58 
"     Apr.  23,  For  the  better  government  of  the  navy  of  the  United  States,         *  -  -    5* 


VI. 

Approved.  Page. 

1800,  May  10,  In  addition  to  the  act,  intituled  "An  act  to  prohibit  the  carrying  on  the 

slave  trade  from  the  United  States  to  any  foreign  place  or  country,"     -     69 

1801,  Mar.   3,  Providing  for  a  naval  peace  establishment,  and  for  other  purposes,         -     71 

1803,  Feb.  10,  Authorizing  the  sale  of  a  piece  of  land,  parcel  of  the  navy  yard  belonging 

to  the  United  States,  in  Charlestown,  in  the  State  of  Massachusetts, 
to  the  proprietors  of  the  Salem  turnpike  road  and  Chelsea  bridge  corpo- 
ration, -  72 

"  Feb.  28,  To  provide  an  additional  armament  for  the  protection  of  the  seamen  and 

commerce  of  the  United  States,  -  72 

"  Feb.  28,  To  prevent  the  importation  of  certain  persons  into  certain  States,  where, 

by  the  laws  thereof,  their  admission  is  prohibited,  -  73 

1804,  Mar.  25,  Further  to  protect  the  commerce  and  seamen  of  the  United  States  against 

the  Barbary  powers,  -  -  74 

"  Mar.  26,  In  relation  to  the  navy  pension  fund,  -  -  -  -  -  74 

*l  Mar.  27,  Supplementary  to  the  act,  intituled  "  An  act  providing  for  a  naval  peace 

establishment,  and  for  other  purposes,"  -     75 

1805,  Mar.    2,  To  authorize  the  erection  of  a  bridge  across  a  mill  pond  and  marsh,  in  the 

navy  yard,  belonging  to  the  United  States,  in  the  town  of  Brooklyn,  in 
the  State  of  New  York,  -  -  -  -  -  "  -  76 

*'      Mar.    2,  To  appropriate  a  sum  of  money  for  the  purpose  of  building  gun-boats,      -     76 

1806,  Apr.  21,  In  addition  to  an  act,  intituled  "  An  act  supplementary  to  the  act  providing 

for  a  naval  peace  establishment,  and  for  other  purposes,"  -  -     77 

"      Apr.  21,  For  fortifying  the  ports  and  harbors  of  the  United  States,  and  for  building 

gun-boats,        -  _  -  _  ...77 

1807,  Feb.  10,  To  provide  for  surveying  the  coasts  of  the  United  States,  -  -     78 
*'      Mar.    2,  To  prohibit  the  importation  of  slaves  into  any  port  or  place  within  the  ju- 
risdiction of  the  United  States,  from  and  after  the  first  day  of  January, 

in  the  year  of  our  Lord  one  thousand  eight  hundred  and  eight,  -     78 

"  Mar.  3,  In  addition  to  an  act,  intituled  "  An  act  in  addition  to  an  act,  intituled  '  an 
act  supplementary  to  the  act  providing  for  a  naval  peace  establishment, 
and  for  other  purposes, '  '  -  84 

"      Mar.   3,  Authorizing  the  employment  of  the  land  and  naval  forces  of  the  United 

States,  in  cases  of  insurrections,  ...  .     84 

"  Dec.  18,  To  appropriate  money  for  the  providing1  of  an  additional  number  of  gun- 
boats, -  -  -  -  -  -  -84 

1808,  Apr.  21,  Concerning  public  contracts,        -  -  -  -  -  -171 

1809,  Jan.  31,   Authorizing  the  employment  of  an  additional  naval  force,  -  -     84 
«      Mar.    3,  Further  to  amend  the  several  acts  for  the  establishment  and  regulation 

of  the  treasury,  war,  and  navy  departments,    -  85 

*'      Mar.    3,  Authorizing  an  augmentation  of  the  marine  corps,  -  -  87 

"      June  28,  Concerning  the  naval  establishment,        -  -  88 

1810,  Mar.  30,  Making  an  appropriation  for  the  purpose  of  trying  the  practical  use  of  the 

torpedo  or  sub-marine  explosion,          -  -  88 

1811,  Feb.  26,  Establishing  naval  hospitals,       -  -  88 

1812,  Mar.  30,  Concerning  the  naval  establishment,        -  -  89 
"     June  26,  Concerning  letters  of  marque,  prizes,  and  prize  goods,      -  -             -  90 

1813,  Jan.    2,  To  increase  the  navy  of  the  United  States,  -  91 
"     Jan.  20,  Providing  for  navy  pensions  in  certain  cases,        -             -  -             -  9 1 
"      Feb.  13,  Regulating  pensions  to  persons  on  board  private  armed  ships,        -  -  92 
"     Mar.    3,  Supplementary  to  the  act  for  increasing  the  navy,  -             -  93 
"      Mar.   3,  For  the  regulation  of  seamen  on  board  the  public  and  private  vessels  of  the 

United  States,  -  -     93 

"     July    5,  Authorizing  the  President  of  the  United  States  to  cause  to  be  built  barges 

for  the  defence  of  the  ports  and  harbors  of  the  United  States,     -  -     96 

"     July  16,  Providing  for  the  further  defence  of  the  ports  and  harbors  of  the  United 

States,  -  -     96 

*'  Aug.  2,  To  amend  and  explain  the  act  regulating  pensions  to  persons  on  board  pri- 
vate armed  ships,  -.  -  -  97 

1814,  Mar.   4,  Giving  pensions  to  the  orphans  and  widows  of  persons  slain  in  the  public 

or  private  armed  vessels  of  the  United  States,   -  -     97 

•"  Mar.  9,  Authorizing  the  President  of  the  United  States  to  cause  to  be  built,  equip- 
ped and  employed,  one  or  more  floating  batteries,  for  the  defence  of  the 
waters  of  the  United  States,  ...  -  -  98 


Approved.  Page. 

1814,  Apr.  16,  Authorizing  the  appointment  of  certain  officers  for  the  flotilla  service,       -     98 
"      Apr.  16,  Authorizing  an  augmentation  of  the  marine  corps,  and  for  other  purposes,     99 
"     Apr.  18,  Granting  pensions  to  the  officers  and  seamen  serving  on  board  the  revenue 

cutters,  in  certain  cases,  -  -  -  100 

"  Apr.  18,  To  provide  for  the  collection  and  preservation  of  such  flags,  standards,  and 

colors,  as  shall  have  been,  or  may  hereafter  be,  taken  by  the  land  and 

naval  forces  of  the  United  States  from  their  enemies,  -  -  -  100 

"  Apr.  18,  Concerning  the  pay  of  officers,  seamen,  and  marines,  in  the  navy  of  the 

United  States,  "  ...  -100 

"  Nov.  15,  Authorizing  the  President  of  the  United  States  to  cause  to  be  built  or 

purchased,  the  vessels  therein  described,  -  -  -  101 

"  Dec.  15,  Directing  the  staff  officers  of  the  army  to  comply  with  the  requisitions  of 

naval  and  marine  officers,  in  certain  cases,         -  -  -  101 

1815,  Feb.    7,  To  alter  and  amend  the  several  acts  for  establishing  a  navy  department, 

by  adding  thereto  a  board  of  commissioners,     -  -  -  -  102 

"      Feb.  27,  To  repeal  certain  acts  concerning  the  flotilla  service,  and  for  other  pur- 
poses, -         .*'-.  ''         -  103 
"     Mar.    3,  Concerning  the  naval  establishment,        -             -  >-  -  104 

1816,  Apr.  16,  In  addition  to  an  act,  entitled  "An  act  in  relation  to  the  navy  pension 

fund,"  -  ...  104 

"     Apr.  29,  For  the  gradual  increase  of  the  navy  of  the  United  States,  -  106 

1817,  Feb.  22,  To  repeal  the  2d  section  of  an  act,  entitled  "  An  act  concerning  the  pay  of 

officers,  seamen,  and  marines,  in  the  navy  of  the  United  States,"  -  107 

*'      Mar.     1 ,  Making  reservation  of  certain  public  lands  to  supply  timber  for  naval  pur- 
poses, -  108 
"      Mar.    1 ,  Supplementary  to  an  act,  entitled  "  An  act  concerning  the  naval  establish- 
ment,"           .....                                        -  109 
"      Mar.    3,  To   amend  and  explain  an    "  Act  giving  pensions  to  the  orphans   and 
widows  of  persons  slain  in  the  public  or  private  armed  vessels  of  the 
United  States,"            -                           -                                         -             -  109 
"     Mar.  3,  To  provide  for  the  prompt  settlement  of  public  accounts,   -                           -  110 
"     Mar.  3,  To  fix  the  peace  establishment  of  the  mrrine  corps,            -                           -  113 
"     Mar.  3,    Supplementary  to  an  act,  entitled  "  An  act  further  to  amend  the  several 
acts  for  the  establishment  and  regulation  of  the  treasury,  war,  and  navy 
departments,"               -                           -             .        ,     .             -             -113 

1818,  Apr.   4,  To  establish  the  flag  of  the  United  States,  -  114 
"      Apr.  14,  To  repeal  part  of  the  act,  entitled  "  An  act  to  provide  for  surveying  the 

coasts  of  the  United  States,"  -  -  -  -  -114 

"      Apr.  16,  In  addition  to  "  An  act  giving  pensions  to  the  orphans  and  widows  of  per- 
sons slain  in  the  public  or  private  armed  vessels  of  the  United  States,"  -  114 
"     Apr.  20,  Directing  the  completion  of  the  survey  of  the  waters  of  the  Chesapeake  bay, 

and  for  other  purposes,  -  -  -  -  -115 

*'  Apr.  20,  In  addition  to  "  An  act  to  prohibit  the  introduction  [importation]  of  slaves 
into  any  port  or  place  within  the  jurisdiction  of  the  United  States,  from 
and  after  the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  eight,"  and  to  repeal  certain  parts  of  the  same,  -  115 

1819,  Mar.  3,  Extending  the  term  of  half  pay  pensions  to  the  widows  and  children  of 

certain  officers,  seamen,  and  marines,  who  died  in  the  public  service,     -  118 
**      Mar.  3,  Regulating  the  payments  to  invalid  pensioners,       -  -  -119 

"     Mar.   3,  To  protect  the  commerce  of  the  United  States,  and  punish  the  crime  of  pi- 
racy, -  -  -  -  -  -  -  -  119 

*'      Mar.  3,  Declaring  the  manner  in  which  the  vessels  composing  the  navy  of  the  United 

States  shall  be  named,  -  ...  1^0 

"      Mar.  3,  In  addition  to  the  acts  prohibiting  the  slave  trade,  -  121 

1820,  May    1,  In  addition  to  the  several  acts  for  the  establishment  and  regulation  of  the 

treasury,  war,  and  navy  departments,   -  -  •  -  123 

"     May  15,  To  limit  the  term  of  office  of  certain  officers  therein  named,  and  for  other 

purposes,         ........  125    - 

«'      May  15,  Providing  for  the  better  organization  of  the  treasury  department,   -  -  126 

"      May  15,  Authorizing  the  building  of  a  certain  number  of  small  vessels  of  war,         -  128 
*'      May  15,  To  amend  "An  act  making  reservation  of  certain  public  lands  for  naval 

purposes,"  passed  March  1,  1817,         -  -  -  128 


Vlll. 

Approved.  Page. 

1820,  May  15,  To  continue  in  force  ".An  act  to  protect  the  commerce  of  the  United 

States,  and  punish  the  crime  of  piracy,"  and  also  to  make  further  provi- 
sion for  punishing  the  crime  of  piracy,  '  *-  129 
"      May  15,  To  amend  the  act,  entitled  "An  act  to  amend  the  act  authorizing  the  em- 
ployment of  an  additional  naval  force,"  -  130 

1821,  Mar.    3,  To  amend  the  act,  entitled  "  An  act  for  the  gradual  increase  of  the  navy 

of  the  United  States,"          -  -  -  131 

1822,  Feb.  23,  For  the  preservation  of  the  timber  of  tke  United  States  in  Florida,  -  131 
"      May    7,  Further  to  amend  the  several  acts  relative  to  the  treasury,  war,  and  navy 

departments,   -  -  -  131 

"      Dec.  20,  Authorizing  an  additional  naval  force  for  the  suppression  of  piracy,  -  132 

1823,  Jan.  30,  In  addition  to  "An  act  to  continue  in  force  '  An  act  to  protect  the  com- 

merce of  the  United  States  and  punish  the  crime  of  piracy,'  and,  also,  to 
make  further  provision  for  punishing  the  crime  of  piracy,"  -  1 32 

"      Jan.  31,  Concerning  the  disbursement  of  public  money,    -  -  132 

"      Mar.    1,  In  addition  to  the  act,  entitled  "  An  act  for  the  prompt  settlement  of  pub- 
lic accounts,"  and  for  the  punishment  of  the  crime  of  perjury,  -  -  133 
".     Mar.     3,  Respecting  the  punishment  of  piracy,      -  -  1 34 
"     Mar.     3,  To  direct  the  withholding  of  the  compensation  of  certain  prize  agents,      -  134 

1824,  Jan.  22,  Further  extending  the  term  of  half  pay  pensions  to  the  widows  and  chil- 

dren of  officers,  seamen,  and  marines,  who  died  in  the  public  service,    -  134 
"      Apr.    9,  Extending  the  term  of  pensions,  granted  to  persons  disabled,  and  to  the 
widows  and  orphans  of  those  who  have  been  slain,  or  who  have  died  in 
consequence  of  wounds  or  casualties,  received  while  in  the  line  of  their 
duty,  on  board  the  private  armed  ships  of  the  United  States,  during  the 
late  war,         -  ......  135 

"      May  26,  Authorizing  an  examination  and  survey  of  the  harbor  of  Charleston,  in 
South  Carolina,  of  St.  Mary's,  in  Georgia,  and  of  the  coast  of  Florida, 
and  for  other  purposes,  -  -  -  -  135 

"      May  26,  To  revive  and  extend  the  term  of  certain  pensions  which  have  expired  by 

limitation,       -  -  -  -  136 

1825,  Mar.    3,  To  authorize  the  building  of  ten  sloops  of  war,  and  for  other  purposes,      -  136 
"     Mar.     3,  Authorizing  the  establishment  of  a  navy  yard  and  depot,  on  the  coast  of 

Florida,  in  the  gulf  of  Mexico,  -  -  -  -  -  137 

"      Mar.    3,  More  effectually  to  provide  for  the  punishment  of  certain  crimes  against 

the  United  States,  and  for  other  purposes,         -  -  -  137 

1826,  May  17,  Supplementary  to  "  An  act  for  the  gradual  increase  of  the  navy  of  the  Uni- 

ted States,"     -  -  143 

"      May  22,  Directing  surveys  and  estimates  for  dry  docks,      ....  142 

1827,  Jan.  24,  Directing  the  Secretary  of  the  Navy  to  apply  to  the  Government  of  Penn- 

sylvania for  jurisdiction  over  certain  lands  at  the  navy  yard,  Philadel- 
phia, -  143 
"      Mar.    3,  For  the  gradual  improvement  of  the  navy  of  the  United  States,     -  -  143 

1828,  Jan.  25,  To  prevent  defalcations  on  the  part  of  the  disbursing  agents   of  the  Gov- 

ernment, and  for  other  purposes,  -  -  -  -  144 

"  May  23,  To  provide  for  extending  the  term  of  certain  pensions  chargeable  on  the 

navy  and  privateer  pension  fund,  ....  -  145 

"  May  24,  To  increase  the  pay  of  lieutenants  in  the  navy,  -  -  145 

"  May  24,  For  the  better  organization  of  the  medical  department  of  the  navy  of  the 

United  States,  -  -  -  146 

1829,  Jan.  21,  To  amend  an  act,  entitled  "  An  act  for  the  better  organization  of  the  medi- 

cal department  of  the  navy,"  approved  24th  May,  1828,  -  147 

1830,  May  29,  In  relation  to  the  compensation  of  officers  of  the  marine  corps,     -  -  147 

1831,  Feb.    3,  To  authorize  the  construction  of  three  schooners  for  the  naval  service  of 

the  United  States,        -  -  -  147 

"  Mar.  2,  To  provide  for  the  punishment  of  offences  committed  in  cutting,  destroy- 
ing, or  removing  live  oak  and  other  timber,  or  trees  reserved  for  naval 
purposes,  -  -  -  -  -  -  -  -147 

1832,  Feb.  10,  Empowering  the  Secretary  of  the  Navy  to  settle  certain  contracts,  and  to 

relinquish  certain  forfeitures,   -  -  -  149 

"      May  19,  Authorizing  the  revision  and  extension  of  the  rales  and  regulations  of  the 

naval  service,  -----  -149 


IX. 

Approved.  Page. 

1832,  May  25,  Respecting  the  pay  of  marines,    -  -  ;  ••-  .  -  149 
"     June  28,  Further  to  extend  the  pension  [s]  heretofore  granted  to  the  widows  of  per- 
sons killed,  or  who  died  in  the  naval  service,    -  149 

"      July    3,  To  authorize  the  President  of  the  United  States  to  direct  transfers  of  appro- 
priations in  the  naval  service,  under  certain  circumstances,        -             -  150 
"      July  10,  To  finish  the  re-building  of  the  frigate  Macedonian,          -                           -  150 
"      July  10,  To  provide  for  paying  certain  arrearages  for  surveys  made  by  naval  officers, 

,  and  for  other  purposes,  -  • r          -  150 

"      July  10,  To  provide  for  re-building  the  frigate  Java  and  the  sloop  Cyane,  -  -  151 

"      July  10,  To  provide  iron  tanks  for  the  use  of  the  navy  of  the  United  States,  -  151 

"      July  10,  Authorizing  the  construction   of  naval  hospitals  at  the  navy   yards  at 

Charlestown,  Massachusetts,  Brooklyn,  New  York,  and  Pensacola,  -  151 
"  July  10,  To  carry  into  effect  the  act  to  provide  for  a  survey  of  the  coast  of  the  Uni- 
ted States,  -  -  151 
"  July  10,  For  the  regulation  of  the  navy  and  privateer  pension  and  navy  hospital  funds,  152 
"  July  14,  For  the  relief  of  the  invalid  pensioners  of  the  United  States,  -  153 
"  July  14,  Concerning  certain  officers  of  the  marine  corps,  -  ,..>  v  -  •  153 

1833,  Mar.   2,  In  addition  to  the  act  for  the  gradual  improvement  of  the  navy  of  the  Uni- 

ted States,       -  -  -  -  -  -  -  -  154 

"  Mar.  2,  To  improve  the  condition  of  the  non-commissioned  officers  and  privates  of 

the  army  and  marine  corps  of  the  U.  States,  and  to  prevent  desertion,  -  154 
"  Mar.  2,  To  authorize  the  President  of  the  United  States  to  exchange  certain  lands 

belonging  to  the  navy  yard  at  Brooklyn,  for  other  lands  contiguous 

thereto,  -  -  -  155 

1834,  June  19,  Further  to  extend  the  term  of  certain  pensions  chargeable  on  the  privateer 

pension  fund,  -  -  -  •  _•'-.,  -  156 

"     June  30,  For  the  better  organization  of  the  United  States  "  marine  corps,"  -  156 

"     June  30,  Concerning  naval  pensions  and  the  navy  pension  fund,    -  -  -  158 

"     June  30,  Making  certain  allowances,  and  granting  certain  arrearages,  to  the  captains 

and  subalterns  of  the  United  States  corps  of  marines,    -  -  1 59 

"      June  30,  To  authorize  the  President  of  the  United  States  to  direct  transfers  of  appro- 
priations in  the  naval  service,  under  certain  circumstances,         -  159 
4t     June  30,  Authorizing  the  purchase  of  live  oak  frames  for  a  frigate  and  sloop  of  war, 

and  for  other  naval  purposes,  -  -  -  -  -  -159 

"     June  30,  To  provide  for  re-building  the  frigate  Congress,  -  -  -  160 

"     June  30,  Authorizing  the  Secretary  of  the  Navy  to  make  experiments  for  the  safety 

of  the  steam  engine,   -  -  -  --  -  -  -160 

1835,  Mar.    3,  To  regulate  the  pay  of  the  navy  of  the  United  States,       -  -  161 
"     Mar.    3,  Authorizing  the  construction  of  a  dry  dock  for  the  naval  service,    -  -  163 

1 836,  May    9,  Making  appropriations  for  the  civil  and  diplomatic  expenses  of  Govern- 

ment, for  the  year  1836,  -  -  J  Y-v:  ,        -  164: 

"     May  20,  Explanatory  of  the  act  entitled  "  An  act  to  prevent  defalcations  on  the  part 

of  disbursing  agents  of  the  Government,  and  for  other  purposes,"          -  164. 

1 837,  Mar,   2,  To  provide  for  the  enlistment  of  boys  for  the  naval  service,  and  to  extend 

the  term  for  the  enlistment  of  seamen,  -  ,v;»  \  -  164 

"      Mar.   3,  Making  appropriations  for  the  naval  service  for  the  year  1 837,       -  -  165 

"      Mar.    3,  To  change  the  titles  of  certain  officers  of  the  navy,  •>  -  165 

"      Mar.    3,  For  the  more  equitable  administration  of  the  navy  pension  fund,  -  1 65 

"  Dec.  22,  To  authorize  the  President  of  the  United  States  to  cause  the  public  vessels 
to  cruise  upon  the  coast  in  the  winter  season,  and  relieve  distressed  na- 
vigators, -  -  -  «  -  -'-  •  166 

1839,  Mar.    3,  To  authorize  the  Secretary  of  the  Navy  to  purchase  a  tract  of  land  belong- 

ing to  the  heirs  of  John  Harris,  deceased,  being  within  the  limits  of  the 
navy  yard  in  Charlestown,  Massachusetts,         -  -  -  166 

"      Mar.    3,  Making  appropriations  for  the  naval  service  for  the  year  1839,       -  -  167 

"      Mar.   3,  Giving  to  the  President  of  the  U.   S.  additional  powers  for  the  defence  of 

the  U.  S.  in  certain  cases,  against  invasion,  and  for  other  purposes,        -  167 

1840,  Mar.   4,  To  continue  the  office  of  commissioner  of  pensions,  and  to  transfer  the  pen- 

sion business,  heretofore  transacted  in  the  navy  department,  to  that  office,  168 
,     "      June  19,  Making  provision  for  the  payment  of  pensions  to  the  executors  or  admin- 

trators  of  deceased  pensioners  in  certain  cases,  -  -  -  1 68 

"     July  20,  Making  appropriations  for  the  naval  service  for  the  year  1840,      -  -  169 


TITLES 


RESOLUTIONS  AND  SPECIAL  ACTS. 


Approved.  Page. 

1800,  Mar.  29,  Requesting  the  President  to  present  a  gold  medal  to  Captain  Thomas  Trux- 

tun,  and  respecting  the  conduct  of  Midshipman  James  Jarvis,  -  -  172 

1802,  Feb.  3,  Expressing  the  sense  of  Congress  on  the  gallant  conduct  of  Lieutenant 

Sterett,  the  officers  and  crew,  of  the  United  States  schooner  Enterprise,  172 
"  Apr.  29,  For  the  relief  of  the  widows  and  orphans  of  certain  persons  who  have  died 

in  the  naval  service  of  the  United  States.     [Lost  in  ship  Insurgent  and 

brigantine  Pickering,]  -  -  -  172 

1804,  Mar.  19,  For  the  relief  of  the  captors  of  the  Moorish  armed  ships  Meshouda  and 

Mirboha,         -  -  5-  -  -  -  -  -  173 

"  Nov.  27,  Expressive  of  the  sense  of  Congress  of  the  gallant  conduct  of  Captain 
Stephen  Decatur,  and  officers  and  crew,  of  the  U.  S.  ketch  Intrepid,  in 
attacking,  in  the  harbor  of  Tripoli,  and  destroying  a  Tripolitan  frigate 
of  forty -four  guns,  -  -  -  1 73 

1805,  Mar.   3,  Expressive  of  the  sense  of  Congress  of  the  gallant  conduct  of  Commodore 

Edward  Preble,  the  officers,  seamen,  and  marines,  of  his  squadron,         -  173 

1806,  Apr.  10,  Respecting  N.  C.  Nissen,  Danish  consul  at  Tripoli,          -  -  -174 
1808,  Mar.  13,  Remitting  the  duties  payable  on  the  importation  of  a  monument  to  be 

erected  in  memory  of  the  officers  of  the  U.  S.  navy,  who  fell  during  the 
attack  made  on  the  city  of  Tripoli,  in  the  year  1804,    -  -  174 

1813,  Jan.  29,  Relative  to  the  brilliant  achievements  of  Captains  Hull,  Decatur,  Jones, 

and  Lieutenant  Elliott,  -  -  -  -  -  175 

"  Mar.  3,  Requesting  the  President  of  the  U.  S.  to  present  medals  to  Captain  Wil- 
liam Bainbridge,  and  the  officers  of  the  frigate  Constitution,  -  -  175 

"  Mar.  3,  Rewarding  the  officers  and  crew  of  the  frigate  Constitution,  and  the  offi- 
cers and  crew  of  the  Wasp,  -  -175 

"  July  13,  To  reward  the  officers  and  crew  of  the  sloop  of  war  Hornet ;  and  Lieu- 
tenant Elliott,  and  his  officers  and  companions,  -  ,tt-  v..  -  176 

"     Aug.   2,  For  the  relief  of  the  officers  and  crew  of  the  late  U.  S.  brig  Vixen,  -  176 

1814,  Jan.    6,  Expressive  of  the  sense  of  Congress  of  the  gallant  conduct   of  Captain 

Oliver  H.  Perry,  the  officers,  seamen,  marines,  and  infantry  acting  as 
such,  on  board  of  his  squadron,  -  -  -  176 

"      Jan.    6,  Relative  to  the  brilliant  achievement  of  Lieutenants  Burrows  and  McCall,  -  177 

"      Jan.  ll,  Relative  to  the  brilliant  achievement  of  Captain  James  Lawrence,  in  the 

capture  of  the  British  vessel  of  war  the  Peacock,  -  -  177 

"      Feb.  1 9,  Directing  a  sword  to  be  presented  to  the  nearest  male  relation  of  Midship- 
man John  Clark,         -  -  -  -  -        ,     .  -  178 
f    "      Apr.  13,  For  the  relief  of  David  Porter,  and  his  officers  and  crews,             -  -  178 

"     Apr.  18,  Authorizing  the  purchase  of  the  vessels  captured  on  lake  Erie,      -  -  178 

"  Oct.  20,  Expressive  of  the  sense  of  Congress  of  the  gallant  conduct  of  Captain  Tho- 
mas Macdonough,  the  officers,  seamen,  and  marines,  and  infantry  serv- 
ing as  marines,  on  board  the  U.  S.  squadron  on  lake  Champlain,  -  179 

"      Oct.  21,  Expressive  of  the  sense  of  Congress  relative  to  the  victory  of  the  Peacock 

over  the  Epervier,        -  -  -  180 

"      Nov.  3,  Expressive  of  the  sense  of  Congress  relative  to  the  capture  of  the  British 

sloop  Reindeer,  by  the  American  sloop  Wasp,  -  -  -  -180 


Xll. 

Approved.  Page. 

1815,  Feb.  22,  Expressive  of  the  high  sense  entertained  by  Congress  of  the  gallantry  and 

good  conduct  of  Commodore  D.  T.  Patterson,  and  Major  D.  Carmick, 
and  of  the  officers,  seamen  and  marines,  under  their  command,  in  the  de- 
fence of  New  Orleans,  -  -   180 
"      Mar.    3,  Authorizing  the  purchase  of  the  vessels  captured  on  lake  Champlain,        -  181 
"      Mar.    3,  For  the  relief  of  sundry  persons  in  the  service  of  the  U.  S.  in  consequence 

of  the  destruction  of  their  tools  by  fire  at  the  navy  yard,  -  181 

1816,  Feb.  22,  Requesting  the  President  to  present  medals  to  Captain  Stewart,  and  the 

officers  of  the  frigate  Constitution,  -  -  -  -  181 

"  Feb.  22,  Requesting  the  President  to  present  medals  to  Captain  James  Biddle,  and 

the  officers  of  the  sloop  of  war  Hornet,  182 

"  Feb.  28,  Rewarding  the  officers  and  oew  of  the  sloop  of  war  Hornet,  for  the  cap- 
ture and  destruction  of  the  British  sloop  of  war  Penguin,  -  -  182 
"  Apr.  2,  Placing  certain  persons  on  the  list  of  navy  pensioners.  [Those  wounded 

at  Dartmoor  prison,  England,]  -  -  -  -  -  182 

"  Apr.  20,  Respecting  the  late  officers  and  crew  of  the  sloop  of  war  Wasp,  -  -  182 

"  Apr.  26,  Rewarding  the  officers  and  crew  of  the  Constitution  for  the  capture  of  the 

British  sloop  of  war  Levant,  -  -  -  183 

"  Apr.  27,  Providing  for  the  distribution  of  $100,000  among  the  captors  of  the  Alge- 

rine  vessels,  captured  and  restored  to  the  Dey  of  Algiers,  -  183 

"  Apr.  27,  For  the  relief  of  George  T.  Ross,  Daniel  T.  Patterson,  and  the  officers  and 

men  lately  under  their  command,         -  -  -  184 

1817,  Feb.  22,  In  addition  to  "  An  act  for  the  relief  of  G.  T.  Ross  and  D.  T.  Patterson, 

and  the  officers  and  men  lately  under  their  command,"  -  184 

"      Mar.   3,  For  the  relief  of  the  widows  and  orphans  of  the  officers,  seamen  and  ma- 
rines, who  were  lost  in  the  U.  S.  brig  Epervier,  -  184 

1818,  Apr.  28,  Proclamation  of  the  President  U.  S.  regulating  the  naval  force  to  be  main- 

tained upon  the  lakes,  -  -  185 

1819,  Feb.    4,  Authorizing  the  distribution  of  a  sum  of  money  among  the  representatives 

of  Commodore  Edward  Preble,  and  the  officers  and  crew  of  the  brig  Sy- 
ren,       .....  -   186 

1822,  Apr.  17,  To  remit  the  duties  on  a  sword  imported,  to  be  presented  to  Captain  T. 

Macdonough,  of  the  U.  S.  navy,  -  -  -  186 

"      Apr.  26,  For  the  relief  of  sundry  citizens  of  Baltimore, 
"      May    7,  Explanatory  of  an  act  for  the  relief  of  sundry  citizens  of  Baltimore,  -  187 

1 824,  May    4,  Rewarding  the  officers  and  crews  of  two  gigs,  or  small  boats,  under  the 

command  of  Lieutenant  Francis  H.  Gregory,  of  the  U.  S.  navy,  -  187 

1830,  Apr.  24,  For  the  relief  of  the  widows  and  orphans  of  the  officers,  seamen,  and  ma- 
rines, of  the- sloop  of  war  Hornet,  -  -  188 

1830,  May  29,  For  the  relief  of  sundry  owners  of  vessels  sunk  for  the  defence  of  Balti- 

more, .  -  -  188 

1831,  Mar.    2,  Making  appropriations  for  naval  service  for  the  year  1831.    [Item,  for  re- 

moving monument  from  the  navy  yard  to  the  Capitol  square.]  -  -  189 

1832,.  May  5,  Making  appropriations  for  the  support  of  Government  for  the  year  1832. 
[Items,  for  survey  of  Narragansett  bay ;  and  to  obtain  conveyance  of  a 
bridge  at  navy  yard,  Norfolk.]  ...  189 

"      July  14,  To  provide  for  completing  the  removal  and  erection  of  the  naval  monu- 
ment, -  -  -"189 
"      July  14,  For  the  relief  of  Thomas  Holdup  Stevens,  and  others,      -                            -  190 
1833,  Mar.  2,  For  the  relief  of  sundry  owners  of  vessels  sunk  for  the  defence  of  Balti- 
more,              ...----             -"190 

1833,  Mar.   2,  For  the  relief  of  the  widows  and  orphans  of  the  officers  and  seamen  who 

were  lost  in  the  U.  S.  schooner,  the  Sylph,       -  -  -  190 

1834,  June  28,  To  enable  the  President  to  make  an  arrangement  with  the  Government  of 

France,  in  relation  to  certain  French  seamen,  killed  or  wounded  at  Tou- 
lon, and  their  families,  -  -  -  190 
1836,  May  14,  Making  appropriations  for  the  naval  service  for  the  year  1836.     [Authoriz- 
ing a  surveying  and  exploring  expedition.  ]      -  -  191 


INDEX. 


A. 

Page. 

Abusing  inhabitants  on  shore,  punishment  for,  ...  53^  g<j 

'Accounts  of  expenditures  to  be  annually  reported  to  Congress,  -  86 

to  be  settled  at  the  treasury  department,  -  -  -  •  -110- 


if  not  promptly  settled,  to  be  reported  for  suit, 

to  be  rendered  quarterly, 

officers  failing  to  render,  to  be  dismissed, 

falsely  swearing  to,  declared  perjury, 

Accountant  of  the  navy,  office  of  established,  44 ;  abolished, 
duties  and  compensation  of, 
to  settle  accounts  of  navy  pension  fund, 


-  126 

-  133 

-  133 

-  133 

-  110 
44,  45,  58 

-  75- 


to  keep  distinct  accounts  of  appropriations,        -             -             -  85- 

shall  settle  any  particular  account,  when  directed  by  comptroller,  86 

allowed  $300  a  year  for  settling  navy  pension  accounts,             -  105 

Advances  of  public  money,  on  contracts,  forbidden,       -                                                      -  132 

to  disbursing  officers,  and  to  officers  on  distant  stations,  authorized,  -             -  133 

Agent  of  the  treasury,  duties  of,                                        ...         126,  144 

Agent,  at  navy  yard,  Washington,         -             -             -             -             -             -  .         75,  150 

Agents,  permanent,  appointment,  number,  and  compensation  of,              ...  gg 

shall  keep  public  moneys  in  bank,  and  make  monthly  returns,    -                           -  87 

for  exploring  timber  lands,        -                                                                    -         108,  128 

Allowances,  for  servants,  rent,  fuel,  commissions,  &c.,  forbidden,        W<-;  -'     ,/•  ••.«          -  163 

Ammunition,  not  to  be  wasted, 


Apalachicola  bay,  survey  of,  and  coast  adjoining, 
Appointment,  of  commissioned  officers, 

warrant  officers, 

petty  officers, 


52 
-     170 

31,  33,  36,  37,  38,  93 
-      31,  33,  34 
31,  34 


in  recess  of  the  Senate,  -  -36,  37,  39,  43,  58,  86,  98,  99,  113 

permanent  agents,       -             -             -             -             -  -             -86 

Appropriations,  to  be  particularly  specified  in  warrants,               -             -  -             -       85 

distinct  accounts  of,  to  be  kept,  -                          -             -  -             -       85 

statements  of,  to  be  annuallj   made  to  Congress,             -  -             -     123 

for  one  year,  not  to  be  transferred  to  another,     -             -  -             -     124 

balances  of  certain,  united  under  one  head,         -             -  -             -     169 

Armament,  [including  the  building,  equipping,  and  employing  vessels.] 

four  ships  of  44,  and  two  of  36  guns,                           -             -  -             -       31 

two  frigates  of  44,  and  one  of  36  guns,  -             -       34 

twelve  of  not  more  than  22  guns,     -                                        -  -       37 
acceptance  of  twelve,  of  suitable  size,  authorized,  and  certificates  of  stock  to 

be  given  in  payment  therefor,        -  -       41 

rates  of  vessels,  authorized  by  former  acts,  fixed,        -             -  -                    41 

three  ships,  not  less  than  32  guns,     ....  .44 

six  ships  of  74  guns,  and  six  sloops  of  war,  ...  -       46 

increase  of,  and  of  men,         -                                                      -  46 

number  of  vessels  to  be  retained  on  peace  establishment,          -  71 

four  vessels  of  16  guns,         -                                        -  73 

two  vessels  of  16  guns,         -  74 

four  74's  and  six  44's,          -                                         -  91 
six  sloops,  ....                                        ...93 

twenty  vessels  of  16  guns,  --.                           -  -101 
barges,  gunboats,  vessels  for  flotilla  service,  and  on  the  lakes,  to  be  sold  or  laid 

up,          -            -            -            -            -             -            -  -         103,  104 

authority  to  purchase  twenty  vessels,  repealed,           -            -  -     103 

nine  74's  and  twelve  44's,    -            -            -            -  -            -     107 


XIV. 

Armament,  five  vessels  of  12  guns,      •  -             -             -            .             .            .  _     j^g 

ten  sloops  of  war,     -  ----..     135 

frigate  to  be  purchased,                       -                                        -             -  -     142 

.  three  schooners,        -  -  ....     147 

store  ship  and  two  small  vessels,       -                                         -             -  "-     160 

articles  of  durable  character  to  be  provided,  -             -             -             .  -     165 

three  steam  vessels,                                                         .             .             .  -     167 

all  the  public  vessels  to  be  equipped,  on  contingency,              -             -  -     168 

Army,  staff  of,  to  comply  with  certain  requisitions  of  navy  and  marine  corps,      -  -     101 

Arrears,  pay  of  officers  and  agents  in,  to  be  stopped,       -  144 

stoppage  of  pay  for,  not  to  include  pensions,    -  ....     154- 

Arrest,  for  debt,  seamen  and  marines  exempted  from,     ....  '  43}  157 

officers  when  under  charges,  to  deliver  up  their  swords,  -             -             -  -       66 

Arsenals,  surveys  and  plans  for  two,  to  be  resumed,         -             -             -             -  -115 

burning  buildings  in,  punishment  for,                           -             .             .  -     137 

Articles  of  war,  to  be  hung  up  and  read,                           -                                        -  43,  63 

Assignment  of  wages  and  prize  money,  allowed,             -             ...  49    §4 

Asylum,  for  disabled  officers  and  seamen,  to  be  provided,             -             -             -  -       89 

Auditors,  of  the  treasury,  their  appointment,  duties,  and  salary,  -                           110,  111,   112 

Authority  of  officers  over  the  crew,  to  continue  after  a  vessel  is  lost,        -  54,  67 

B. 

Barges,  number  to  be  built,  and  employed  for  harbor  defence,     -  -  -  -       96 

to  be  sold  or  laid  up,     -----...     103 

Battle,  preparing  for,  -  50?  59 

Block  ship,  at  New  Orleans,  to  be  completed  and  preserved,       -  -  -  -     1 07 

Boatswains,  appointment  of      .......      3^  34^  77 

pay  of       -  -         32,  35,  100,  163 

Bonds,  to  be  given  by  owners  of  vessels  clearing  for  coast  of  Africa,         -  -  -       30 

by  pursers,  -  .    87,  90,  109 

President  authorized  to  regulate  and  increase,    -  -  -  -  .     126 

not  impaired  by  dismissal  of  officers,       -  -  -  -  .  -133 

Bounty,  on  cannon  and  prisoners  captured,        .....  55^  gg 

on  enlistment  of  seamen,  -  •  •  -  -  .  -101 

on  negroes  delivered  to  marshals,  -  -  -  -  -  -  -122 

Boys,  proportion  of,  permitted  in  public  vessels,  -  42 

enlistment  of,       -  .......164 

Bridge  at  navy  yard,  Brooklyn,  authority  to  erect  and  maintain,  -  -       76 

at  navy  yard,  Norfolk,  to  be  purchased  and  removed,       -  -     189 

Burning 'public  property,  punishment  for,  53,  62,  137,  138,  140 

C. 

Captains,  appointment  of,         -  31,  34 

pay  of  32,  35,  46,  161 

number  to  be  retained  in  service,      ...  73^  77 

Carpenters,  appointment  of,  -31,  34,  77 

pay  of       -  32,  35,  100,  163 

Cedar.     See  timber. 

Chaplains,  appointment  of,        -  -31,34,77 

pay  of,         -  32,  35,  100,  162 

to  perform  divine  service,     -  -                           -              48  59 

Charges,  to  be  exhibited  in  writing  to  the  proper  officer,  -             -             -             -       65 

copies  of,  to  be  furnished  to  the  party  accused,  -             •          .  .             -65 

Charleston,  S.  C.,  survey  of  harbor  authorized,               -  -             .             .             -     135 

Chesapeake  bay,  survey  of  waters  of,  to  be  made,  .       -             .             -     115 

Clerks,  in  office  of  Secretary  of  the  Navy,                         -  .             .             .             -       38 

Coast,  survey  of,  .   73,  114,  115 

public  vessels  to  cruise  on,          -  -                           .      85, 88,  166 

of  Florida,  survey  of,     -                                        •  •             •             -             -     136 

Commanders,  of  all  ships  or  vessels,  duties  of,    -             -  48,  51,  59,  60,  62,  63,  121,  122,  123 

Commanders,  or  masters  commandant,  number  authorized,        -  -                         -      77 


XV. 

Page. 

Commanders,  or  masters  commandant,  pay  of,   -                                                  -  46,  161 

title  of,  changed,                                        -  -164 

Commanders-in-chief,  rights,  privileges,  and  duties  of,    -  -         54,  55,  56,  57,  68 

Commanding  officer  of  the  navy,  16  rations  per  day  allowed  to,  -  46 

Commissioners  of  the  navy,  Board  of,  appointment,  powers  and  duties,  -  -     102 

special  duties  assigned  to,     -'             -                           -  -     149 

Commissioner  of  pensions,  duties  and  salary  of,  -     168 

the  navy  pension  fund,  •  57, 69,  75, 152 

privateer  pension  fund,      -  92 

navy  hospital  fund,                                                                    -  88,  152,  153 

Compensation.     See  pay. 

Complaints,  how  to  be  made  known,     ....  -       51 

Complements,  of  officers  for  frigates,  31,  34 ;  for  74's  and  frigates,  -       91 

seamen  for  six  frigates,                           -             -                           -  71 

Comptroller  of  the  treasury,  duty  of,  respecting  navy  pension  fund,           -             -  75 

may  direct  accountant  to  audit  any  particular  account,         -       86 

shall  report  balances,  unsettled  three  years,  -             -  86,112 

appointment,  duties,  and  salary  of  second,    -  110,111,112 

shall  report  officers  who  fail  to  settle  accounts,           -  -     112 

Congress,  members  of,  not  to  be  interested  in  contracts,  -                           -  -     170) 

Constitution  of  the  United  States,                        -                           -             -             -  1  to  15 

Consuls,  to  retain  two  per  cent,  on  sales  of  prizes,  for  privateer  pension  fund,      -  -       90 

may  object  to  employment  of  foreign  seamen,   -  94 

Contempt  of  courts  martial,  punishment  for,       -             -  54,  65 

Contingent  expenses,  annual  statement  of,  to  be  rendered,           -             -  87,  164 

Contracts,  how  to  be  made,       -             -  45, 87 

to  be  deposited  in  office  of  comptroller,                                       -  -       45 

annual  statements  of,  to  be  rendered,               ....  87,  171 

for  building  frigates,  may  be  made     -             -             -             -             -  -       93 

not  to  be  made,  except  under  a  law  or  adequate  appropriation,  -     125 

advances  of  money  on,  prohibited,      -                                                      -  132 

remission  of  forfeitures  on,  authofized,            -  -     149 

members  of  Congress  not  to  be  interested  in,  -             -                           -  170 

penalties  therefor,      -  -     171 

Convoy,  duties  of  officers,         ...  52, 62 

Courts  martial,  when  and  by  whom  to  be  ordered,          -             -             -             -  48,  64 

duties  and  powers  of,     -                                                    -  53,  65,  66 

how  composed,                             .....  53^  64 

for  loss  of  vessel,            -                           ....  54,  67 

Courts  of  inquiry,  how  organized,         -                           ....  66,  67 

Cowardice,  punishment  for,      -              ......  50}  53^  g(j 

Crews,  of  vessels,  complement  of                        -                           ...  32}  34.^  37 

when  paid  off,  an  officer  to  attend,         -  ...       63 

Cruelty,  punishment  for,  ----....       59 


D. 

Deaths  on  board  ship,  to  be  noted  and  reported, 
Debt,  seamen  and  marines  exempted  from  arrest  for, 
Deceased  persons,  effects  of,  to  be  secured, 
Defence  of  ports  and  harbors,  barges  to  be  built  for, 
hulks  to  be  sunk, 


on  coast  of  Florida,  authorized,     - 
in  Narragansett  bay,  survey  to  be  made  for, 
Deserting  station  in  battle,  punishment  for, 
Desertions  of  seamen  to  be  noted  and  reported,  - 
punishment  for,       ... 


48,  49,  63 
43,  157 
50,63 
96 
96 
98 


floating  batteries,  - 

territory  of  the  U.  S.,  extraordinary  powers  granted  for,          -  -  -  167 

Department  of  war,  duties  of  secretary,  respecting  naval  affairs,               -  .  -  29 

transferred  to  secretary  of  the  navy,  -  -  38 

Department  of  the  navy,  established,  37  ;  duties  of  the  secretary,           -  37,  3S 

board  of  navy  commissioners  added,  and  their  duties,  -  -  102 

Depot,  naval,  surveys  for,  to  be  made  at  sundry  places,  -                          -  -  -  135 


-  137 

-  189 
50,59 
48,63 

52,53,61 


XVI. 


Disabilities.     See  pensions.  Page. 

Discharge,  of  commission  or  warrant  officers,  by  commanding  officers,  forbidden  48,  63 


officers  by  the  President  authorized, 
supernumerary  officers  of  the  marine  corps, 

Discipline,  enforcement  of, 

Disobedience,  punishment  for,  - 

Divine  service,  performance  of,  - 

Docks,  to  be  erected  in  suitable  places,  - 

surveys  to  be  made  for,  at  sundry  places, 


-  72 

-  113 
48,  67 

53,  59,  61 
48,59 

-  47 

-  142 
construction  of  two,  authorized,                                         -                           -             -     144 

one  at  New  York,  authorized,  -  -     163 

Dock  yard,  $100,000  appropriated  for,  -  .93 

punishment  for  burning  buildings  in,  -  -  -  -     137 

Drunkenness,  punishment  for,  -  -  48, 59 

Duties,  remitted  on  monument  in  memory  of  officers  who  fell  at  Tripoli,  -     174 

sword  presented  to  Commodore  Macdonough,  -  -186 

E. 

Embezzlement  of  public  stores,  forbidden,  -             52,  62 

Enemies,  punishment  for  holding  intercourse  with,         -  -             -            -             51,  60 

supplying,  -       52 

Enlistment  of  seamen,                            -  -    36,37,85,130,164 

marines,              -             -  36,  37,  43,  87,  154,  157 

boys,      ...  .                                         -164 

Estimates  to  be  prepared  by  navy  commissioners,  -     102 

Evidence,  punishment  for  refusing  to  give,  before  court,  -                           -       54 

before  a  court  martial,  to  be  on  oath,               ...  .             .             -       65 

Examination  of  medical  officers,             -.  -                        146,163 

Expenditures,  annual  accounts  of,  to  be  rendered,  86,  123,  144,  164,  169 

accounts  of,  to  be  settled  within  the  year,  -     112 

Exploring  expedition  to  South  Seas,  authorized,  -                           -191 

Extortion,  punishment  for,         -  -            -     140 

F.        - 

I*elony,  certain  crimes  declared  to  be,     -,          -  .          138,139 

Fines,  imposed  on  officers,  seamen,  &c.,  to  go  to  the  hospital  fund,         -  -     '  89 

Fish,  to  be  caught  when  convenient,  and  distributed  among  the  crew,      -  -       49 

Fishing  tackle,  to  be  provided,  -  49 

Flag  of  the  United  States,  alteration  of,  .  30,  114 

Flags,  taken  from  the  enemy,  to  be  collected  and  preserved,         -  -  -  -     100 

Fleet  surgeon,  appointment  and  pay  of,  ...     146 

Floating  batteries,  one  or  more  authorized,         -  ....       98 

Flotilla  service,  officers  to  be  employed  in,  -  .  98 

discharged,  and  allowed  4  months'  pay,      -  -  -     1 03 

Flogging,  for  profane  swearing  or  drunkenness,  .  .  -       48 

for  any  offence,  by  order  of  commander,  not  to  exceed  12  lashes,  -  48 

Forfeitures,  ships  or  vessels  fitted  out  for  the  slave  trade,  30,  70,  74,  79,  80,  81 

$2,000  by  each  person  fitting  out  vessels  for  slave  trade,        -  -  -       30 

for  taking  Africans  on  board  vessels,  to  be  sold  as  slaves,       -  -  31,80 

of  armed  vessels,  brought  into  the  U.  S.  in  pursuance  of  certain  act,  -       40 

not  to  extend  to  property  of  citizens  of  the  U.  S.,     -  -  -  -       40 

of  prize  money,  for  stealing,  .  -       50 

recovery  and  distribution  of,  -     70,  73,  74,  79,  80,  81,  95,  109,  148 

$1,000  on  each  negro  imported  into  the  U.  S.,         -  73 

$1,000  for  unlawfully  employing  seamen  in  public  vessels,  -  -  95 

$500  for  unlawfully  employing  seamen  in  merchant  vessels,  -  95 

suits  for  the  recovery  of,  to  be  commenced  within  three  years,  -  -       96 

for  cutting  or  removing  timber,-       ...          108,148 
remission  or  mitigation  of,  -  ...          148,149 

of  vessels  engaged  in  piracy  .  -120 

Forgery,  punishment  for,  ....     140 


XVil. 

Pagf* 

franking,  privilege  of,  granted  to  the  secretary  of  the  navy,        -  -             -             -       39 

accountant  of  the  navy,     -  ~             .       44 

commissioners  of  the  navy,  -             -     103 

comptrollers  and  auditors,  -             -     1  J  3 

commissioner  of  pensions,  -             -             -     168 

Fraud,  punishment  for,  59,  6  1 

Furlough,  no  officer  to  be  placed  on,  but  at  his  own  request,       -  -             -             -     163 

pay  of  officers  on,     -                                         -  -     163 

G. 

Gallies,  procuring  and  employing  of,  authorized  33,  33 

officers  and  men,  to  receive  same  pay  as  in  the  navy,      -  33?  33 

Gold,  may  be  received  on  board  public  vessels,              •  -  -                            53,  62 

Government  of  the  navy,          -                           ...  *,              4-^  59 

Gunboats,  building  and  employment  of,  authorized,        -             -  73,  76,  77,  84 

to  be  laid  up,            --             -             -             -  -             -             -90 

sale  of,  authorized,    -             *•             *          '  *             *  -*'             -            93,  104 

Gunners,  appointment  of,         -                           -                           *  -             -       31,  34,  77 

pay  of,  32,  35,  100,  163 


Hospitals,  navy,  establishment  of,  authorized,     -  -       88 

appointment  and  duties  of  commissioners,         -  .    88,  152,  153 

rules  and  regulations  for,          -  ^  -       88 

fines  on  officers,  seamen,  &c.,  -  §9 

construction  of,  authorized,       -  -  -     151 

duties  of  commissioners  assigned  to  secretary  of  the  navy,        -  -     152 

accounts  to  be  kept,  and  reports  made  to  Congress,  -             *  -     153 

at  Chariest  own,  Mass.,  Brooklyn,  N.  Y.,  and  Pensacola,  -  -     151 

I. 

Imprisonment,  for  refusing  to  give  evidence,       -  -       54 

being  concerned  in  slave  trade,  -    70>  80,  81,  116,  117 

prescribed  for  various  offences,    -  -     54,  65,  96,  108,  138,  139,  140,  141 

Improvement^  the  navy,  $500,000  appropriated  annually,  for  six  years,  143'  154 

annual  reports  of  expenditures  to  be  made,  -             .  -     144 

articles  of  durable  character  to  be  provided,  -             -  -     165 

Increase  of  the  navy,  $1,000,000  appropriated  annually,  for  eight  years,  -  .     106 

appropriation  not  to  be  carried  to  surplus  fund,  -             -  -     107 

$500,000  for  six  years,  in  lieu  of  $1,000,000,  .  .131 

Injunctions,  on  suits  by  the  U.  S.  manner  of  obtaining,  -  -  -     127 

damages  for  improper  application,    -  *             -  -     127 

Inspections  of  provisions  to  be  made,    -                           -  -  50,  63 

Insurrection,  land  and  naval  forces  to  be  employed  in  cases  of,    -  .  84 

Invalids.     See  pensions. 

J. 

Jewels  may  be  received  on  board  public  vessels,               *"',  -  52,  62 

Judge  advocate,  of  court  martial,  his  oath,          -  -  53,  65 

of  inquiry,  his  oath,     -  -  -       67 

Jurisdiction  of  State  courts,  over  offences,  not  impaired,               -  -             „  -     142 

over  navy  yard  at  Philadelphia,  ceded  \to  U.  S.,  .  -     143 

L. 

Lakes,  vessels  to  be  built  or  procured,  for  service  on,      -  -  -       93 

employed  on,  to  be  sold,  or  laid  up,  -  -     103 

B 


XVllI. 

Lakes,  vessels  on  the,  to  be  sold,  except  two,  .-..».  135. 

proclamation,  fixing  number  of  armed  vessels  to  be  employed  on,  -  -  185 

Land,  at  navy  yard,  Charlestown,  Mass.,  portion  of,  conveyed,  -  -  -  -72 

not  to  be  purchased,  except  under  a  law,  -  -  125 

producing  Jive  oak  and  cedar,  to  be  reserved  from  sale,  -  .  143?  154 

exchange  of,  at  navy  yard,  Brooklyn,  N.  Y.,  authorized,  -  155 

right  of  heirs  of  John  Harris,  at  Charlestown,  to  be  purchased,  -  -  166 

Lieutenants,  appointment  of,  -  -  31,34,72,77 

pay  of,  -  -  32,35,100,145/161 

Lieutenant  commandant,  or  commanding,  pay  off  -             -    46,145,161 

Lights,  punishment  for  holding  out  false,  or  extinguishing  true,  -     139 

Live  oak.     See  timber. 

M. 

Marine  corps,  established  and  organized,             -  42 

how  to  be  governed,        -  -   43,  156,  157 

staff  of,  how  to  be  appointed,       -  -     43,  99,  157 

pay  of,  -  -  32,  35,  42,  47,  99,  100r  147,  149,  153,  157,  159 

enlistments  in,     -             -             -  36, 37, 43,  87,  154,  157 

augmentation  of,              -             -  47,  87,  99,  156 

rank  and  pay  of  commanding  officer  fixed,  -                           -       58 

brevet  rank,         -  -  99,  153,  157 

requisitions  on  army  officers  authorized,  -             -  ••             -     1 0 1 

peace  establishment  of,    -  -     113- 

officers  of,  shall  not  exercise  command  over  any  navy  yard  or  vessel,         -     157 

relative  rank,      -  -     157 

Marines,  lieutenants  of,  to  be  appointed  for  frigates,        -  -              31,34 

complement  of,  for  vessels,       -  -                     32,  35,  91 

pay  of,  to  be  fixed  by  the  President,     -  ...       33,  35,  43 

pay  of,  99,  101,  149,  154,  155 

not  to  serve  exceeding  one  year,                                      -  -       36 

enlistment  may  be  extended  beyond  one  year,  -  -                          -       37 

enlistments  to  be  for  three  years,          -                           -  43 

five  years,              ...  -       87 

four  years,  154,  157- 

may  be  employed  in  revenue  cutters,  -  39 

may  be  employed  on  shore,  or  on  board  vessels,            -  -             -                    43 

liable  to  do  duty  in  forts  or  garrisons,  -                            -  -                     44 

pensions  granted  for  wounds  and  disabilities,    -  -       43,  57,  69 

exempted  from  arrest  for  debt,                                         -  -             43,  157 

punishment  of,                          -  44 

monthly  deduction  from  pay  of,  for  hospital  fund,         -  58 

pensions  granted  to,   -  57,  69 

Maltreating  inhabitants  on  shore,  punishment  for,                        -  -               53,  62 

Masters.     See  sailing  masters. 

Masters  commandant.    See  commanders. 

Materials,  perishable,  provided  for  naval  armament,  to  be  sold,   -  34 
surplus  to  be  kept  for  future  use,       -  -                                  34 
on  hand,  may  be  employed  as  President  shall  think  best,  -                                  44 
for  three  steam  batteries,  to  be  procured,         -             -  -                                 107 
provided  for  one  appropriation,  may  be  used  for  another,  -             -             -     170 
Medals,  voted  to  Captain  T.  Truxtun,  -  -     172 
Commodore  E.  Preble,                           -  -                           -     174 
Captain  I.  Hull,  and  commissioned  officers,      -  -             -             -     175 
Captain  S.  Decatur,  and  commissioned  officers,  -             -             -     175 
Captain  J.  Jones,  and  commissioned  officers-,    -  -                           -     175 
Captain  W.  Bainbridge,  and  commissioned  officers,  -                           -     175 
Captains  O.  H.  Perry,  and  J.  IX  Elliott,  and  commissioned  officers,        -     177 
Lieuts.  W.  Burrows,  and  E.  R.  McCall,  and  commissioned  officers,       -     177 
Captain  J.  Lawrence,  and  commissioned  officers,  -             -     177 
Captains  T.  Macdonough,  and  R.  Henley,  Lieut.  S.  Cassin,  and  com- 
missioned officers,    -  -     179 


XiX. 

Page. 

Medals,  voted  to  Captain  L.  Warrington,  and  commissioned  officers,       -  -  -     180 

Captain  J.  Blafceley,  and  commissioned  officers,  ...     180 

Captain  C.  Stewart,  and  commissioned  officers,  -  -  -181 

Captain  J.  Biddle,  and  commissioned  officers,  -  ...     igs 

Medical  department,  organization  of,  -  -  -  -  -  -     146 

Merchandise,  not  to  be  received  on  board  vessels,  without  orders,  -  -  52,  63 

Midshipmen,  appointment  and  number  of,  authorized,    -  -  -         31,34,72,77,85 

pay  of,     -  -  32,  35,  100,  162 

passed,  pay  of,     -  -  -  -  -  -  -     162 

Monument,  to  memory  of  officers  killed  at  Tripoli,  duties  on,  remitted,    -  -     174 

appropriation  for  expense  of  removing  to  capital  square,        -  -  -     igg 

renewing  inscriptions,       -  -  -  -  -     189 

Mulattoes      See  slave  trade. 

Murder,  punishment  for,  .....     51?  Q%}  133 

Muster  rolls,  to  be  returned  to  department,         .....  49^  53 

Musters,  making  or  signing  false,  punishment  for,  -  -  -  -  -53 

Mutiny,  punishment  for,  ...        50,53,61 

N. 

Names  of  vessels,  how  to  be  determined,            -  .     120 

Narragansett  bay,  survey  of,  to  be  made,             -                          -                           -  -     189 

Naval  establishment,  origin  of  the,         -                           -                          -             -  -       17 

Navigation,  of  public  vessels,  care  to  be  used  in,            -                           -             -  -       53 

careless,  punishment  for,     ...                                          -  -       61 

Naturalization,  five  years  residence  necessary,    -                                        -             -  -       96 

penalty  for  forging  certificates  of,                          .  .       95 

Navy  agent  at  Washington,      ...  75^  159 

term  of  office  limited  to  four  years,  .....     125 

yards,  surveys  to  be  made,  and  estimates  to  be  furnished,  for  docks  at,        -  -     142 

plans  for  improvement  of,  to  be  made,  and  adhered  to,          -             -  -     143 

punishment  for  burning  buildings,  vessels,  or  stores,  in,                      -  -     137 

yard,  at  Charlestown,  Mass.,  or  Boston,   -                                        -             .  72,151,166 

Brooklyn,  N.  Y.,  or  New  York,                                           .             .  76,  151,  155 

Philadelphia,        -             -             -             -             -             -             -  -143 

Washington,  D.  C., 75,  150,  181 

Norfolk,  Va., 181 

Pensacola,                                       ...                           .  14^  159 

on  the  coast  of  Florida,  authorized,     -             -             -             -             .  -137 

surveys  for,  between  Apalachicola  bay,  and  Mississippi,                         -  -     172 

Neglect  of  duty,  punishment  for,                                       -                                        -  51,59,60 

Negroes.    See  slave  trade. 

O. 

Oaths,  form  of,  for  all  officers,   -  ------       29 

for  officers  of  the  marine  corps,  -  -  -  .  .  -       43 

president,  members,  and  judge  advocate  of  courts  martial,          «•       53,  54,  65 

members  and  judge  advocate  of  courts  of  inquiry,          -  -  -       67 

auditors  empowered  to  administer,  -  -  -  .  .  -Ill 

Offences,  for  enumeration  of,  See  punishment. 

on  shore,  to  be  punished,  as  if  committed  at  sea,      -  -  -  -       61 

Offenders,  to  be  detected  and  apprehended,         -  -  -  -  .  51,  63 

Oppression,  punishment  for,     -  -  -  -  -  -  .  -59 

Ordinary,  vessels  to  be  laid  up  in,  -  -  -  .  77}  gg 

vessels  in,  to  be  employed,      -  -  -  -  .  >  -85 

Ordinary  seamen.     See  seamen. 

Orphans,  pensions  granted  to,  -  -     91,  98,  109,  114,  115,  118,  134,  145,  149,  158,  165 

extra  pay  granted  to,  for  loss  of  fathers,  172,  182,  184,  188,  190 


XX. 

p. 

Page. 

Papers,  found  on  board  captured  vessels,  how  to  be  disposed  of,  -  50,  60 

Pay,  of  captains,  32,  35,  46,  161 

masters  commandant,  or  commanders,  -  -  46,161 

lieutenants  commandant,  or  commanding,  -  46,161 

lieutenants,       -  ,  32,  35,  100,  145,  161 

surgeons  and  assistant  surgeons,  -  -  32,  35,  75,  100,  146,  147,  161 

pursers,  .      32,  35,  100 

chaplains,         -  100,  162 

sailing  masters,  or  masters,        -  32,  35,  100,  162 

second  masters  and  master's  mates,        -  «  .  -  -162. 

passed  midshipmen,      -  ,  .  .  -  -     162 

mishipmen,      -  -  ,          100,  162 

professors  of  mathematics,         -  -  -  «  -  -162 

schoolmasters,  -  -  -  -  -  -  ,  -91 

secretaries  to  commanders  of  squadrons,  -  -  .  -162. 

clerks,  -  -  ----162 

warrant  officers,  ,          100,  163 

petty  officers,  seamen  and  marines,  to  be  fixed  by  the  President,  32,  35,  39,  101 

officers  of  the  marine  corps,       -  32,  35,  42,  47,  99,  100,  147,  149,  153,  157,  159 

revenue  cutters,   -  -  ...       47 

officers  for  frigates  and  other  vessels,      -  -  32,  35,  37 

officers  and  men  to  be  employed  in  gallies,         -  -  33,  38,  39 

officers  of  the  flotilla  service,     -  ...       98 

officers  temporarily  performing  higher  duties,     -  -  -  -     163 

permanent  agents,         -  -  87 

to  be  continued  to  officers  and  crews  of  vessels  lost  or  captured,       -  -       54,  55,  67 

monthly  deduction  to  be  made  from,  for  hospital  fund,         -  -  -       58 

may  be  suspended  by  sentence  of  court  martial,       -  66 

four  months'  extra,  allowed  to  officers  and  men  discharged,  -  -    72,  103,  104 

half  only,  to  officers  not  under  orders,         -  .77 

25  per  cent,  additional  allowed,  100;  repealed,       -  ,  -     107 

three  months'  extra,  allowed  to  discharged  officers  of  marine  corps,  -     113 

extra,  to  widows  and  orphans,  of  officers  and  crews  of  vessels  lost  : 

ship  In&urgent  and  brigantine  Pickering,  four  months,  -     172 

sloop  of  war  Wasp,         -  twelvemonths,         -  -     182 

brig  Epervier,     -  •  six  months,  -  -  -     184 

ship  Hornet,        -  six  months,  -  -     188 

schooner  Sylph,  six  months,  -  -  *     190 

extra,  to  officers  and  crews  of  U.  S, 

schooner  Enterprise,  for  capture  of  Tripolitan  corsair,  one  month,       *  -     172 

ketch  Intrepid,  for  destruction  of  Tripolitan  frigate,  two  months,          •>  -     173 

Mediterranean  squadron,  for  gallant  conduct  at  Tripoli,  one  month,  •>  -     174 

squadron  on  lake  Erie,  for  capture  of  British  vessels,  three  months,    -  -     177 

squadron  on  lake  Champlain,  for  capture  of  British  vessels,  three  months,       -     179 

Paying  off  crews,  officer  to  be  present  at,  -  -       63 

Peace  establishment,  provided,  •»  *  71,  77 

Penalties,     ^ee  forfeitures. 

Pensacola,  survey  of  harbor  of,  -     136 

navy  yard  at,  -  •,  -     137 

marine  railway  at,  -  -  -     144 

Pension  fund,  navy,  prize  money  to  form  a  fund  for,       -  57,  69 

public  faith  pledged  to  make  up  deficiency,  57,  69 

management  and  direction  of,         ....      57,69,  152 

annual  statement  to  be  rendered,  -  -  57,  69,  153 

monev^  accruing,  to  be  paid  to  Treasurer  U.  S.,      -  .74 

secretary  to  be  appointed,  duties  and  salary,  -  -  -       75 

regulations  to  be  made  by  commissioners,   -  -  -  -       75 

accounts  to  be  settled  by  accountant  of  the  navy,      -  -  -       75 

suits  to  be  instituted  for  recovery  of  money  due,      -  -  75 

money  accruing  to,  how  to  be  recovered,     -  104,  105,  106 

duties  of  commissioners  assigned  to  secretary  of  the  navy  alone,      -     152 
clerk  to  be  appointed,  duties  and  salary,      -  -  -  -     153 


XXI. 

Page. 

Pension  fund,  navy,  reimbursement  of  money  lost  on  bank  stock,             -  158 

privateer,  two  per  cent,  on  sales  of  prizes,  to  be  retained,  and  pledged  for 

support  of  persons  wounded,  widows,  &c.,       -             -             -  -       90 

pensions  granted  for  wounds  and  disabilities,           -             -  92,  97 

to  widows  and  orpans,  97,  114,  115,  135,  136,  145,  156 

funds  reserved  from  sales,  to  be  paid  into  the  treasury,         -  -       92 

names  of  wounded  to  be  entered  on  ships'  journal,               -  92 

quarterly  transcripts  to  be  sent  to  navy  department,               -  92 

explanation  of  act  granting  pensions,          -  97 

management  of,  assigned  to  secretary  of  the  navy  alone,      -  152,  153 

Pensions,  allowed  to  officers,  seamen  and  marines,  disabled,        »             -             -  36,  57,  69 

to  officers,  not  to  exceed  half  of  monthly  pay,              -             -             *  36 

to  non-commissioned  officers,  seamen  and  marines,  not  to  exceed  $5  per  month,      36 

to  be  granted  to  officers,  &c.,  of  marine  corps,  ....       43 

for  long  and  faithful  services,                                           ...  57,  gg 

to  seamen  in  hospital,  to  be  paid  to  commissioners,       -             -             -  89 

to  widows  and  orphans,          -     91,  98,  109,  114,  115,  118,  134,  145,  149,  158,  165 

to  officers  and  seamen  in  revenue  cutters,        -                           -             -  -     100 

increase  of,  to  full  pay,  authorized,      -  -     106 

biennial  examination  of  invalids,         .....  119,  153 

punishment  for  forgery  of  papers  to  obtain  money,       -             -             -  -     140 

not  to  be  withheld  for  arrears  due  to  the  U.  S.,  -     164 

to  commence  from  time  of  disability,  -             -             -                           -  -     166 

transfer  of  business  to  the  commissioner  of  pensions,  -             -             -  -     168 

payment  of,  to  heirs,  executors,  or  administrators,         -             -             -  -     1 68 

to  persons  wounded  at  Dartmoor  prison.  England,       *             -              -  -     182 

to  certain  French  seamen  wounded,  and  widows  of  those  killed,  at  Toulon,      -     190 

Perjury,  and  subornation  of,  punishment  for,     -                                                        -  54,  65,  133 

Petty  officers,  complement  of,  for  vessels,  ....  31,34,71,91 

pay  of,                                                                        ...  32,  35,  100 

what  constitutes,              -                                                                    -  49,  64 

not  be  rated  less,  when  transferred,                                       •             -  49,  64 

Piracy,  public  vessels  to  be  employed  in  suppressing,      -  *  119,120,129 

crews  of  merchant  vessels  may  resist  attempts,   -                                        -  120,  129 

punishment  for  being  concerned  in,         .....  120,129 

forfeiture  of  vessels  engaged  in,                            -             -             -             -  -     120 

slave  trade  declared  to  be,                                      »             -             -             ,.  -     130 

number  of  vessels  to  be  procured,  to  suppress,     -             -             «•             -  •     132 

law  for  suppression  of,  extended,             -             -             -                           -  132 

authority  granted  to  district  courts  to  punish,      -             .                           -  -     134 

vessels  purchased  for  suppression  of,  to  be  sold,  -              -                            -  -     136 

Plundering  inhabitants  on  shore,  punishment  for,            -                                        -  53,  62 

Powder,  not  to  be  wasted,          -  52 

Prevarication,  punishment  for,  -                                                      .  54,  65 

Prisoners,  to  be  confined  in  a  place  of  safety,     -  40 

not  to  be  maltreated,                                          -                                        -  50,  60 

punishment  for  refusing  to  receive  under  charge,         -                           -  51,64 

taken,  list  of  to  be  transmitted  to  navy  department,     ...  56,  60 

Prize  agents,  in  arrears,  compensation  of,  to  be  withheld,            -             -             -  -     134 

money  awarded  for  the  capture  of: 

Moorish  ships  Meshouda  and  Mirboha,  $13,594  00             -  -     173 

British  frigate  Guerriere,   -                        50,00000  -     175 

Java,          .             -          50,000  00  -     175 

sloop  of  war  Frolic,            -          25,00000             -  -     176 

brig  Peacock,         -                        25,000  00  -     176 

brig  Detroit,                        A.          12,000  00           ,-  -     176 

sundry  French  vessels,  at  New  Orleans,     -             -             -  -     178 

British  squadron  on  Lake  Erie,     -        260,000  00  -     179 

Lake  Champlain,    290,438  19  -     181 

sloop  of  war  Penguin,        -          25,00000             -  -     182 

armed  vessels  Reindeer  and  Avon  50,000  00  -     183 

sloop  of  war  Levant,         -          25,00000  -     183 

Algerine  vessels,  -             -             -        100,000  00             -  -     183 


XX11. 

Prize  money  awarded  for  capture  of: 

piratical  vessels  at  Barrataria,        -        $50,000  00             -  _     134 

brig  Transfer,  by  U.  S.  brig  Syren,             2,500  00              -  -     1 86 

two  gigs,  by  Lieut.  F.  H.  Gregory,            3,000  00             -  -187 

piratical  felucca,  by  Lieut.  T  H.  Stevens,  2,000  00             -  -     190 

regulations  for  the  distribution  of,  -  -  55,  56,  68  183 

portion  of,  accruing  to  U.  S.,  to  be  paid  into  the  treasury,     -             -  .40 

may  be  assigned,  but  men  to  be  discouraged  from  selling,     -             -  49,  64 

forfeiture  of,  for  certain  offences,      .....  50,  60 

portion  of,  to  constitute  pension  fund,          -             -             -             -  -       57 

punishment  for  forging  papers  to  obtain,      -             -             -             -  -     1 40 

Prizes,  vessels  of  equal  or  superior  force  shall  accrue  wholly  to  captors,               -  40,  55 

in  other  cases,  one  half  to  captors,  and  one  half  to  U.  S.,             -             -  40,  55 
court  may  order  sale  of,                                            .....       40 

no  goods  to  be  taken  out  of,  until  condemned,     -  60 

crews  of,  to  be  furnished  with  statement  of  accounts,       -             -             -  -       63 

Proclamation,  fixing  number  of  armed  vessels  to  be  employed  on  the  lakes,          -  -     185 

Provisions,  allowance  of,  may  be  shortened,       -              -             -             -             -  -       49 

how  to  be  procured,  and  inspection  of  to  be  made,    -             -             -  50 

Punishment,  extent  of  and  for  what  offences,     -  48,  50,  51  to  55,  59  to  69,  137  to  142 

shall  not  be  ordered  by  officers  in  temporary  command,        -             -  -       48 

for  offences  not  specified,  -                                         ...  53,  64 

of  inferior  officers,  pointed  out,       .....  48,  63 

not  to  exceed  1 00  lashes  for  any  one  offence,                        -             -  66 

corporeal,  restored,  by  sentence  of  court  martial,     -             -             -  -     155 

for  the  following  offences  : 

abusing  inhabitants  on  shore,    -             ....  53,  62 

burning  public  property,  53,  62,  137,  138,  140 

cowardice,  50,  52, 60 ;   cruelty,              -             -             -             -  -       59 

drunkenness,  48,  59 ;    desertion,            ....  52,53,61 

deserting  station  in  battle,  50,  59  ;  disobedience,             -             -  53,  59,  61 

extortion,  140  ;  forgery,  96,  140:  fraud,                         -  59,  61 

holding  intercourse  with  enemies  or  rebels,         -             -             -  51,  60 

making  or  signing  false  musters,            ....  53 

maltreating  inhabitants  on  shore,            -             ...  53,  62 

murder,  5,  162,  138;  mutiny,                -                                        -  50,53,  133 

neglect  of  duty,  51,  59, 62;  oppression,               -             -          •  -  69 

perjury,  and  subornation  of  perjury,       ....  54,  65,  1 33 

plundering  inhabitants  on  shore,                                                        -  53,  62 

prevarication,  54,  65 ;  profane  swearing,  48,  59  ;  quarrelling,     -  -       61 

rape,  138,  139;  robbery,                                                     .  51,  139 

scandalous  conduct,  59  ;  sedition,  50,  6 1 ;  shooting,       -             -  -     138 

sleeping  upon  watch,  50,  62 ;  stabbing,                            -             -  -     138 

stealing,  50,  139;  striking,       -                           -             -             -  -     138 

supplying  enemies  or  rebels,     -             -             -             «             -  .52 

theft,  51,  62;   wounding,                                      -             -  .138 
Purchases.     See  supplies. 

Pursers,  appointment  of  authorized,        ......  31,34,77 

pay  of,  32,  35,  100  ;  duties  of,                                                                     -  50,  63,  87 

to  give  bonds  (see  also,  pages  126,  133,)                                                    -  87,  90,  109 

to  be  nominated  to  the  Senate,               -  90 

Q- 

Quarrelling,  forbidden,  51  ;  punishment  for,      -  .61 

R. 

Railway,  marine,  at  Pensacola,  authorized  to  be  built,    -  -     144 

Rape,  punishment  for,  138,  139 

Rations,  number  allowed  to  officers,  seamen,  and  marines,           ...  32,  35 

component  parts  of,     -                                                                    -  32,35,71 

double,  allowed  to  commanders  of  squadrons,    -                          -  -       46 


xxlii. 

Page. 

Rations,  sixteen  per  day,  allowed  to  commanding  officer  of  the  navy,       -  -  -       40 

of  seamen,  &c.,  in  hospital  to  be  deducted,        -  §9 

one  only  to  be  allowed  to  each  officer  at  sea,     -             -             -  -  -     1 63 

Rebels,  punishment  for  holding  intercourse  with,  .,  51,60 

supplying,  -  -       52 

Revenue  cutters,  strength  of,  may  be  increased,               -             -             -  -  36,  39 

how  to  be  employed,     -                                                      -  36,  46 

compensation  to  officers,  and  mariners  of,                        -  .  3$,  47 

may  be  employed  in  defence  of  the  sea  coast,      -             -  -  46 

duty  of  officers,  respecting  slave  trade,                -             -  -  .74 

pensions  to  officers  and  seamen,             -             -             -  -  -     1 00 

may  be  placed  on  the  naval  establishment,  and  governed  by  rules  thereof,      46 

Robbery,  punishment  for,          -             -             -                           -             -    "  .  51,139 

Rules  and  regulations,  adopted,               -                                        ...  35,  37 

applied  to  revenue  cutters  in  certain  cases,           -  -  -       47 

to  be  conformable  to  act  of  Congress,       -             -  -  -       57 

to  be  prepared  by  navy  commissioners,    -             -  -  -     102 

revision  of,  by  a  board,  directed,               -             -  -  -     1 49 

S. 

Sailing  masters,  appointment  of,  authorized,       -             -             -             -  -  31,  34,  77 

pay  of,  32,  35,  100,  162;  duties  of,     -  -       71 

title  of,  changed  to  masters,     -              -             .              -  -  -165 

Sailmakers,  appointment  of,  31,  34,  77  ;  pay  of,  32,  35,  100,  163 

Salvage,  allowed  on  vessels  recaptured,                -             ....  40,  56 

Scandalous  conduct,  punishment  for,     -             -             -             .             -  -  -59 

Schoolmaster,  pay  of,    -             -             -             -             -              -             .  .  -91 

Seamen,  complement  of,  for  vessels,      -----  32,34,71,91 

pay  of,  .     33,  35,  IQO 

not  to  serve  exceeding  one  year,            -             -             -             -  -  -       36 

enlistment  of,  may  be  extended  beyond  one  year,            -             -  -  -       37 

not  exceeding  two  years,             -             -             -  -  -       85 

for  three  years  authorized,            -             -             -  -  -     1 30 

five  years,     -             -             -             -             -  -  -164 

to  be  entered  on  ship's  books,      -             ...  43,  63 

additional  number  authorized  in  revenue  cutters,             -             -  -  -       39 

quota  of,  for  frigates,  may  be  varied  by  the  President,     -  42 

exempted  from  arrests  for  debt,              -             -             -             -  -  .43 

punishment  of.     See  punishment. 

not  to  be  rated  less,  when  transferred,  -             -             -             -  -  49- 

transfer  of,  to  be  accompanied  with  list,             -             -             -  -  -       49 

monthly  deduction  from  pay  of,  for  hospital  fund,           -             -  -  -58 

pensions  granted  to,  for  wounds,  disabilities,  or  long  services,    -  57,  69 

number  of,  authorized  to  be  employed,               ...  77,  84,  85,  89,  93 

admission  of  into  hospitals,      -             -             -             -           _  -  -  -89 

none  but  citizens  of  the  U.  S.  to  be  employed,               -             -  -  -       93 

naturalized,  to  produce  certificates,        -             -             -             -  -  -       94 

lists  of,  in  private  vessels,  to  be  examined  and  recorded,               -  -  -       94 

certified  copy  of  list,  admitted  as  evidence,        -             -             -  -  -       94 

regulations  to  be  made,  as  to  proofs  of  citizenship,          -  -       94 

foreign  not  to  be  admitted  as  passengers,  in  foreign  ports,  -  -       94 

penalty  for  employing  in  public  or  merchant  vessels,       -  -  -       95 

penalty  for  forcing  on  shore,  or  leaving  behind,  -  -  -     140 

to  be  sent  home  on  expiration  of  service,             -             -           -  -  -     1 64 

extra  pay  to,  if  detained  beyond  expiration  of  service,  -             -  -  -     165 

Secretary  of  war,  appointment  and  duties  of,      -             -             -             -  -  -       29 

powers  transferred  to  secretary  of  the  navy,    -             -  -  -       38 

Secretary  of  the  navy,  appointment  and  duties  of,  37,  38  ;  salary  of,       -  -  38,  58 

in  case  of  vacancy,  principal  clerk  to  take  charge,  -  -38 

franking  privilege  granted  to,       -             -  -  -       39 

Sedition,  punishment  for,                                      .....  50,61 

Sentence  of  courts  martial,  to  be  confirmed  before  execution,       ...  54,  66 


XXIV. 

Page. 

Sentence  of  courts  martial,  remission  of,  »  -  54,  66 

to  be  transmitted  to  commander  of  the  fleet,  or  the  navy  department,  -       54 

Shore,  offences  on,  to  be  punished  as  if  at  sea,    -  -       61 

punishment  for  abusing,  maltreating  or  plundering  inhabitants  on,  -  53,  62 

Short  allowance  of  provisions,  authorized  when  necessary,  .       49 

Shot,  not  to  be  wasted,  -  -  -  -       52 

Sick,  place  to  be  provided  for,  on  board  ship,      -  49,  63 

Silver,  may  be  received  on  board  public  vessels,  ••  -  52,  62 

Slave  trade,  to  foreign  countries,  prohibited,       -  30 

importation  of  negroes  into  States  where  prohibited,  forbidden,          -  -       73 

the  U.  S.  after  Jan.  1,  1808,  prohibited,  -       78 

vessels  engaged  in,  forfeited,  30,  69,  70,  89,  81,  115,  123 

penalty  for  building  or  fitting  out  vessels  for,  -  -        30,  69,  79 

foreign  vessels,  suspected,  to  give  bond,        *  -  -  -  31 

penalty  for  taking  slaves  on  board  vessel,    -  -  30,  79,  81,  82 

citizens  of  U.  S.  forbidden  to  have  any  interest  in,  .    -  69,  79 

to  serve  on  board  vessels  engaged  in,  70 

U.  S.  ships  authorized  to  seize  vessels  engaged  in,    -  -      70,  81,  121 

vessels  having  slaves  on  board,  not  to  be  admitted  to  entry,  -       73 

penalties  for  importing  or  transporting  slaves,  or  being  in  any  wise  engaged 

in,     -  -    70,  73,  "/8,  79,  SO,  115,  116,  117,  118,  121,  122 

duties  of  collectors  and  other  officers,  74, 83 

disposal  of  Africans  found  onboard  vessels  captured,  -  82 

regulations  for  coastwise  transportation,       -  82,  83 

public  vessels  to  cruise  on  coast  of  Africa,    -  -     121 


agency  on  coast  of  Africa  established, 
bounty  on  each  negro,  brought  in  the  U.  S  , 
declared  piracy,     - 

Sleeping  upon  watch,  punishment  for,  - 

Slops,  to  be  furnished  to  men,  - 

Spies,  punishment  of     - 

Stealing,  punishment  for, 

Steam  engines,  for  three  batteries,  to  be  procured, 

experiments  to  be  made,  to  test  the  safety  of, 


-  122 

-  122 

-  130 
50,  62 

-  49 
52,  61 

50,  139 

-  107 

-  160 
vessels  of  war,  three  authorized  to  be  built,          -             -             -                          -     167 

Storekeeper,  appointment  of,  -  ...  70 

ship,  building  of,  authorized,          -  ...  -     160 

Stores,  not  to  be  wasted,  -       52 

Striking  inferior  officers,  forbidden,        -  -  48,  63 

St.  George's  bank,  examination  of,  to  be  made,  -  78 

St.  Mary's,  Georgia,  survey  of  harbor  of,  authorized,        -  -  -  135 

Subsistence.    See  pay. 
Supplies,  how  to  be  procured,   -  .....  45,  87 

agents  and  contractors  for,  to  render  accounts,  -  45 

purveyor  of,  his  duties,  ....       45,  86,  87 

to  enemies  or  rebels,  punishment  for  furnishing,  -  -  -  52 

Surgeons  and  surgeon's  mates,  appointment  of,  -  -  •  31,  34,  77 

pay  of,  32,  35,  75,  100,  146,  147,  161 

of  the  fleet,   -  .......     146 

assistant,  examination  and  pay  of,       .....          146,161 

Surplus  fund,  unexpended  balances  to  be  carried  to,  -  -  -  -     123 

Survey  of  the  coast,  authorized,  ....  78,114,   151 

waters  of  the  Chesapeake  bay,      -  -  -  -  -  -115 

Charleston,  S.  C.,  St.  Mary's,  Ga.,  and  coast  of  Florida,      -  -  -     135 

coast  from  Apalachicola  bay  to  mouth  of  Mississippi,  -  -  -     170 

waters  of  Narragansett  bay,  for  naval  depot,  -  -  -     189 

Surveyor,  of  lands  containing  live  oak  and  cedar  timber,  appointment  of,  108,  128 

Swearing,  profane,  punishment  for,        ......  48,  59 

Sword,  presented  to  Commodore  Macdonough,  duties  on,  remitted,         -  -     186 

Swords,  voted  by  Congress,  to: 

Lieut.  [Andrew]  Sterett,  of  schooner  Enterprise,  for  capture  of  Tripolitan  cor- 
sair, ...  .  172 

Captain  Stephen  Decatur,  for  destroying  Tripolitan  frigate,       -  -     172 


XXV. 

Swords,  voted  by  Congress  to  :  Page. 
Oflicers  of  Me  iiterranean  squadron,  who  distinguished  themselves  at  Tripoli,    -     174 

Lieut   [J.  D.]  F.lliott,  for  capture  of  British  brigs  Detroit  and  Caledonia,  -     175 

nearest  male  relative  of  Midshipman  John  Clark.          -             -  -             -     118 

midshipmen  and  sailing  masters  of  squadron  on  lake  Erie,    ,    -  -             -     177 

Ghamplain,  -     179 

ship  Peacock,  -     180 

ship  Wasp,  -     180 

T. 

Tanks,  iron,  for  use  of  the  navy,  to  be  provided,              -            ~             -  -             -     151 

Testimony  before  courts  martial,  to  be  on  oath,               -             -             -  -                     65 
Thanks,  voted  by  C<  -ngress.  to  : 

Commodore  E.  Preble,  olficers  and  crews,  for  attacks  on  Tripoli,  -             -     173 

Commodore  O.  H.  Perry,  officers  and  crews,  for  victory  on  lake  Erie,    -  -     176 
Commodore  T.  Macdonough,  officers  and  crews,  for  victory  on  lake  Champlain,      179 

Theft,  punishment  for,                                           -             -             -  -              51,62 

Timber,  on  hand,  may  be  emploved  as  President  shall  think  best,           -  -                    44 

$200,000  appropriated  for  purchase  of,      -                                      ...  -       47 

$200,000,  annually  for  three  years,  appropriated  for  purchase  of,  -            89,  104 

public  lands  producing,  to  be  explored  and  reserved  from  sale,  -  108,  143 

penalty  for  cutting  or  removing  from  public  lands,         -  -  108,  147,  154 

authority  to  appoint  agents  and  surveyor,  repealed,        -  -     128 

naval  forces  to  be  employed  in  protecting,          -  -     131 

suitable  for  naval  purposes,  to  be  procured,        -  -           143,  154 

live  oak  growing  on  public  lands,  to  be  preserved.         -  -          143,  154 

duties  of  collectors  and  others,  to  prevent  depredations  on,         -  -     154 

for  a  frigate  and  sloop  of  war,  to  be  procured,  -  -     159 

Titles  of  masters  commandant  and  sailing  masters,  changed,      -  -     165 

Tools,  destroyed  at  Washington  navy  yard,  to  be  valued  and  paid  for,  -     181 

Torpedo,  experiments  to  be  made  with,               ....  -       88 

Transfers,  from  one  appropriation  to  another,  to  be  made,                          -  86,  113,  150,  159 

special  account  of,  to  be  rendered  to  Congress,              .  -    86.  150,  159 

of  appropriations  for  one  year,  not  permitted  to  another,            -  -     124 

heads  of  appropriation,  to  and  from  which  to  be  made,  specified,  -     124 

of  provisions,  materials,  or  other  stores,  authorized,      -  -     170 

from  one  appropriation  to  another,  to  be  repaid,             •             -  -     170 

Travelling  expenses,  ten  cents  per  mile,  allowed  for,       -             -             -  -     163 

Treasurer  of  the  United  States,  to  disburse  money  for  navy  department,  -  44,  1 1 1 

to  receive  and  disburse  money,  accruing  to  pension  fund,         -  74,  152 

render  quarterly  accounts  of  pension  fund,                    -  -       74 

warrants  on.  to  specify  appropriations,  -       85 

duties  as  agent  of  war  and  navy  departments  to  cease,              -  -     131 

Treasury  notes,  balances  arising  from  loss  on,  not  to  be  stopped  from  pay  due,     -  -     144 

losses  on,  allowed  to  individuals,            -             -             -  195,  196,  197,  206 

V. 

Vacancies,  may  be  filled  by  the  President,  in  recess  of  the  Senate,          -  36,  37,  39,  43,  58 
Vessels,  authorized  to  be  built,  procure  1,  or  purchased.     See  armament. 

by  what  grades  to  be  commanded,          -             -             -             -  -             -45 

court  martial  to  be  held,  to  inquire  into  loss  of,                •             •  54,  67 

certain,  authorized  to  be  sold,  7 1  ;  others  laid  up,                          -  -             -       88 

when  out  of  repair,  may  be  sold,             -             -             -             -  -                    78 

manner  in  which  they  shall  be  named,  -             •             -             -  -             -     1 20 

on  the  lakes,  to  be  sold  except  two,       -                           .             -  -             -     136 

punishment  for  burning  or  destroying,                 -             -             -  140,141 

purchase  of,  captured  on  lake  Krie,  authorized,  -             -             -  -             -     17S 

Champlain,  authorized,       -             -  -             -     181 

sunk  at  Baltimore,  compensation  made  ibr,                                     »  187,188,190 

proclamation  fixing  number  of  armed,  to  be  employed  on  the  lakes,  -             -     185 

G 


XXVI. 


Vixen,  brig,  accounts  of  officers  and  crew  of,  to 
Vressels,  of  the  navy,  alluded  to  by  name  : 

Page. 

Adams,  frigate,          -    •        -  71,  89 

Block  ship  at  New  Orleans,  -  -     107 

Boston,  frigate,          -  71,  90 

Constitution,  frigate,  34,  71,  175,  183 

Constellation,  frigate,  34,  71,  89,  172 

Congress,  frigate,       -  -  71,160 

Chesapeake,  frigate,  -  71,  89 

Chippewa,  ship  of  the  line,    -  -     137 

Cyane,  sloop,  -     151 

Essex,  frigate,  71,  85 

Epervier,  brig,  -  *  184 

Enterprise,  schooner,  -  -     172 

Guerriere,  frigate,      -  -  -     186 

Gen.  Greene,  frigate,  71,  90 

Hornet,  sloop,  -  -  176, 182, 188 


be  settled, 

Insurgent,  frigate, 

John  Adams,  frigate,     * 

Java,  frigate,    - 

Paul  Jones,  frigate, 

Levant,  sloop,  - 

Macedonian,  frigate, 

New  York,  frigate, 

New  Orleans,  ship  of  the  line,  - 

Philadelphia,  frigate,     - 

President,  frigate, 

Pickering,  brig, 

Syren,  brig, 

Sylph,  schooner, 

United  States,  frigate, 

Vixen,  brig, 

Wasp,  sloop,    * 


Page 
-     176 


-  172 

71,  85,  173 

-  151 

-  160 

-  160 

-  150 

-  90 
.     137 

71,  90,  173 

-  85 

-  172 

-  186 

-  190 
34,  71,85,   175 

-  176 
175,  176,  180,  182 


W. 


Wages,  may  be  assigned,  but  men  are  to  be  discouraged  from  selling,      -  49,  64 

punishment  for  forging  papers  to  obtain,            ...  .     146 

Warrant  officers,  appointment  of,           -            -             -            -            -  31, 34, 42 

pay  of,             -                                                    -  32,  35 

not  to  be  discharged  by  commanders,    -  48,  63 

Waste  of  public  stores,  forbidden,                        -                                        -  52,  62 

Witnesses  before  courts  martial,  oath  of,  -       54 

Widows,  pensions  granted  to,  -             -       91,  98, 109,  114,  115,  118,  134,  145,  149,  158,  165 

extra  pay  granted  to,  for  loss  of  their  husbands,  172,  182,  184,  188,  190 

Wounds.     See  pensions. 


INDEX 

TO  INDIVIDUALS  NAMED  IN  THE  FOLLOWING  LAWS. 


Armstrong,  Francis  W.,  marshal, 
Armstrong,  Andrew,  navy  agent, 
Acken,  William  D.,  agent, 


Page. 

-  193 

-  193 

-  193 


Barron,  James,  captain,              -  -  193 

Bainhridge,  William,  captain,      173,  174,  175 

Bainbridge  Joseph,  captain,       -  -  194 

Blakeley,  Johnson,  captain,         180,  182,  194 

Biddle,  James,  captain,              -  -  182 

Bush,                 lieut.,    •             -  -  175 

Burro wes,  William  W.,  lieut.,  -  177 

Brooks,  John,  lieut.  marines,     -  -  177 

Bolton,  William  C.,  captain,     -  -  196 

Babbit,  Edward  B.,  lieut.,         -  -  195 

Babbit,  Mary  J.,           -             -  -  194 

Bourne,  Benj.  F.,  purser,          -  -  196 

Bostwick,  Melancton  W.,  purser,  •  196 

Brodie,  Charles  D.,       -            -  -  194 

Barnes,  Francis,  contractor,       -  -  195 

Brown,  Noah  and  Adam,  contractors,    -  195 

Briggs,  John  P.,  acting  surgeon,  -  195 

Bassett,  James,              -             -  -  195 

Caldwell,  James  R.,  lieut,        -  -  174 

Claxton,  Thomas,  jr.,  midshipman,  -  177 

Clark,  John,  midshipman,          -  -  178 
Cassin,  Stephen,  lieut. , 

Carmick,  Daniel,  major  marines,  •  180 

Carter,  John  K.,  lieut.,               -  -  196 

Claxton,  Alexander,  master  commandant,  1 96 

Chauncey,  Wolcott,  captain,     -  -  197 

Clark,  James  H.,  purser,            -  -  196 

Cannon,  Joseph  S.,  midshipman,  -  197 

Crabb,  Horatio  N.,  lieut.  marines,  -  197 

Chever,  Mary,               -  196 

Dale,  Richard,  captain,              -  -  197 

Decatur,  James,  lieut.,                -  -  174 

Decatur,  Stephen,  captain,          173,  175,  184 

Decatur,  Susan,                          -  -  199 

Dorsey,  John  S.,  midshipman,  -  -  174 

Duncan,  Silas,  lieutenant,          -  -  198 

Dornin,  Thomas  A.,  lieutenant,  -  198 

Downes,  John,  captain,             -  -  198 

Dobbins,  Daniel,                         -  -  198 

Devlin,  John  S., sergeant  marines,    .  -  198 

Dow,  Jesse  E.,              -  -  199 

Denny,  Penelope,         -             •  -  198 

Denison,  Leonard,  contractor,   -  -  199 


Elliott,  Jesse  D.,  lieut.  &  capt. 
Ely,  Elisha,  contractor, 

Funk,  lieut,  - 

Finch,  William  B.,  captain, 
Foltz,  Jonathan  M.,  surgeon,    - 
Fanning,  John  B.,  purser, 
Fulton,  Robert, 


Page. 

175,  176,  177 
.     199 

.  175 

-  199 

-  201 

-  199 

-  200 


Gamble,  Peter,  lieutenant,         -  -  179 

Gregory,  Francis  H.,  lieutenant,  187,  201 

Gamble,  John  M.,  lieut.  colonel  marines,  201 

Gist,  Spencer  C.,  midshipman,  -  201 

Glenn,  Elias,  -             -            -  -  201 

Hull,  Isaac,  captain,      -             -  -  175 

Henley,  Robert,  captain,            -  -  179 

Harding,  Seth,  captain,              -  -  201 

Hall,  John,  major  marines,        -  -  202 

Hooker,  Samuel  F.,  contractor,  -  202 

Holland,  John  H.,  marshal,       -  -  202 

Hewitt,  Benjamin,  contractor,  -  -  203 

Israel,  Joseph,  lieutenant,          -  -  174 

Jarvis,  James,  midshipman,       -  -  172 

Jones,  Jacob,  captain,   -             -  175,176 

Jones,  Thomas  Ap  C.,  lieutenant  -  203 

Johnston,  George,          -             •  >~  •  203 

Judge,  John,    -           •-    '        -  -  203 

Jones,  Ezekiel,  capt.  revenue  service,    -  203 

Kennedy,  Edmund  P,,  captain,  -  204 

Keep,  Samuel,  contractor,         -  -  204 

Lawrence,  James,  captain,         •  176,  177 

Laub,  Henry,  midshipman,        -  -  177 

Little,  George,  captain,              -  -  204 

Loomis,  Erastus,  acting  lieut.  marines,  •  204 

Lee,  Edward,  contractor,            -  -  204 

Livingston,  Taliaferro,  marshal,  -  205 

Lacy,  John,  contractor,              -  -  205 

Loomis,  Jairus,  sailing  master,  -  -  205 

Murray,  Alexander,  captain,      -  -  206 

McCall,  Edward  R.,  lieutenant,  -  177 

Macdonough,  Thomas,  captain,  179,  186 

Maguire,  John  H,,  agent,           *.  -  206 

Mix,  Mervin  P.,  lieutenant,       -  -  206 

McKeever,  Isaac,  lieutenant,     -  -  206 

Mallaby,  Francis,  sailing  master,  %-  207 


XXVlll 


Mays,  Elizabeth, 

Nicholson,  John,  marshal, 
Noble,  .Tames,  acting  lieutenant, 
Nissen,  JXicholas  C.,  Danish  consul, 


Page. 

-  206 

-  207 

-  207 

-  174 


Preble,  Edward,  commodore,  173,  174,  186 
Perry.  Oliver  H..  captain,  176,  177,  179 

Patterson.  Daniel  T  ,  captain,  180,  184,  208 
Pendieton,  Benjamin,  -  208 

Porter,  David,  captain,  -  -     178 

Paine,  Thomas,  -  -  -     209 

Percival.  John,  master  commandant,  -  209 
Perry,  Matthew  C.,  master  commandant,  209 
Parker,  Foxhall  A.,  captain,  -  -  209 

Pickering,  Charles  W.,  midshipman,     -     209 

Reynolds,  John  G.,  lieutenant  marines,  210 

Ruff,  Samuel  W.,  surgeon,  -             -  210 

Richardson,  Henry,  marine,  •             -210 

Rudd,  John,  lieutenant,  -  211 

Rodgers,  John,  captain,  -  173 

Ross,  George  T.,            .  -  184 

Reed,  Rufus  S.,  -  210 

Sterett,  Andrew,  lieutenant,      -  -172 

Somers,  Richard,  captain,  -     174 

Stansbury,  John,  lieutenant,  -  -  179 
Stewart,  Charles,  captain,  -  181,  182,  186 

Stevens,  Thomas  H.,  lieutenant,  -     190 

Satterwhite,  Edwin  TM  purser,  -  .211 

Shields,  Thomas,  purser,           -  -     211 

Stockton,  Robert  F.,  lieutenant,  •     211 


Page. 

Stiles,  John  S.,  -  212 

Scrivener,  James,  seaman,          -  -  212 

Sloat.  John  D-.  master  commandant,  -  212 

Storer,  George  W  .  captain,      -  -  213 

Shubrick,  Ed, van!  R.,  -  -  213 

Smith,  Richard,  lieut.  col.  marines,  -  213 

Truxtun,  Thomas,  captain,        -  -  172 

Taylor,  Richard,  commodore,    -  -  213 

Turner,  Thomas,  accountant,    -  -  213 

Timberlake,  John,  purser,         -  -  214 

Tucker.  Samuel,  captain,  -  214 

Tucker,  James,              -             -  -  214 

Turner,  Daniel,  captain,  -  214 

Valenzin,  David,  -  214 

Voorhees,  Philip  F.,  captain,     -  -  215 

Wadsworth,  Henry,  lieutenant,  -  174 

Warrington.  Lewis,  captain,     -  -  180 

Whipple,  Abraham,  captain,      -  -  215 

Wilkinson,  Jesse,  master  commandant,  215 

Wilkes,  Charles,  jr.,  lieutenant,  -  215 

Webster,  John  A.,  sailing  master,  -  216 

Woolsey,  Melancthon  T.,  captain,  -  216 

Wiltbank,  James,  chaplain,        -  -  216 

Walker,  Dudley,  purser,  -  216 

Yarnall,  John  J.,  lieutenant,      -  -  216 

Zantzinger,  William  P.,  purser,  -  217 


CONSTITUTION 


WE,  the  People  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  ensure  domestic  tranquillity, 
provide  for  the  common  defence,  promote  the  general  wel- 
fare, and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity,  do  ordain  and  establish  this  Constitution  for  the 
United  States  of  America. 

ARTICLE  I. 

SECTION    I. 

All  Legislative  powers  herein  granted  shall  be  vested  in  a  congress. 
Congress  of  the  United  States,  which  shall  consist  of  a  Senate 
and  House  of  Representatives. 

SECTION    II. 

The  House  of  Representatives  shall  be  composed  of  mem-  K'cSn.^8' 
bers  chosen  every  second  year  by  the  people  of  the  several 
States,  and  the  electors  in  each  State  shall  have  the  qualifica- 
tions requisite  for  electors  of  the  most  numerous  branch  of  the 
State  Legislature. 

No  person  shall  be  a  Representative  who  shall  not  have  at-  QUaiifiCatiOBa  Of 
tained  to  the  age  of  twenty-five  years,  and  been  seven  years  Representatives. 
a  citizen  of  the  United  States,  and  who  shall  not,  when  elect- 
ed, be  an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned  among  Apportionment 
the  several  States  which  may  be  included  within  this  Union,  ofrepres'ntatives 

,.  *  i  •   i      i     11  t  •       and  direct  taxes, 

according  to  their  respective  numbers,  which  shall  be  determin- 
ed by  adding  to  the  whole  number  of  free  persons,  including 
those  bound  to  service  for  a  term  of  years,  and  excluding  Indi- 
ans not  taxed,  three-fifths  of  all  other  persons.  The  actual  enu- 
meration shall  be  made  within  three  years  after  the  first  meet- 
ing of  the  Congress  of  the  United  States,  and  within  every  sub- 
sequent term  of  ten  years,  in  such  manner  as  they  shall  by  law  ye^a  every  1G 


direct.  The  number  of  Representatives  shall  not  exceed  one 
for  every  thirty  thousand,  but  each  State  shall  have  at  least  one 
Representative  ;  and  until  such  enumeration  shall  be  made,  the 
State  of  New  Hampshire  shall  be  entitled  to  choose  three, 
Massachusetts  eight,  Rhode  Island  and  Providence  Planta- 
tions one,  Connecticut  five,  New  York  six,  New  Jersey  four, 
Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia. 
ten,  North  Carolina  five,  South  Carolina  five,  and  Georgia 
three. 

vacancies,  how  When  vacancies  happen  in  the  representation  from  any 
State,  the  Executive  authority  thereof  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

SS!^e£fc      The  House  of  Representatives  shall  choose  their  Speaker 
meats  impeach"  an<i  other  officers  ;  and  shall  have  the  sole  power  of  impeach- 
ment. 

SECTION  m. 


senate,  how  cho-  rpj^  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  chosen  by  the  Legislature  thereof, 
for  six  years  ;  and  each  Senator  shall  have  one  vote. 

senators  classed.  Immediately  after  they  shall  be  assembled  in  consequence  of 
the  first  election,  they  shall  be  divided  as  equally  as  may  be  into 
three  classes.  The  seats  of  the  Senators  of  the  first  class  shall 
be  vacated  at  the  expiration  of  die  second  year,  of  the  second 
class  at  the  expiration  of  the  fourth  year,  and  of  the  third  class 
at  the  expiration  of  the  sixth  year,  so  that  one-third  may  be 

Sed?Cfe8>  h  >W  chosen  every  second  year  ;  and  if  vacancies  happen  by  resigna- 
tion or  otherwise,  during  the  recess  of  the  Legislature  of  any 
State,  the  Executive  thereof  may  make  temporary  appoint- 
ments, until  the  next  meeting  of  the  Legislature,  which  shall 
then  fill  such  vacancies. 

°f  No  Person  snall  be  a  Senator  who  shall  not  have  attained  to 
the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabi- 
tant of  that  State  for  which  he  shall  be  chosen. 

vice  ^president  The  Vice  President  of  the  United  States  shall  be  President 
of  the  Senate,  but  shall  have  no  vote,  unless  they  -be  equally 
divided. 

officer,  of  sen-  The  Senate  s|iall  choose  their  other  officers,  and  also  a  Pre- 
sident pro  tempore,  in  the  absence  of  the  Vice  President,  or 
when  he  shall  exercise  the  office  of  President  of  the  United 
States. 

wrn£°fiwp'cll~  ^ne  Senate  shall  have  the  sole  power  to  try  all  impeach- 
ments :  when  sitting  for  that  purpose,  they  shall  be  on  oath  or 
affirmation.  When  the  President  of  the  United  States  is  tried 
the  Chief  Justice  shall  preside:  and  no  person  shall  be  convict- 
ed without  the  concurrence  of  two-thirds  of  the  members  pre- 
sent. 

Judgment  in  cases  of  impeachment  shall  not  extend  farther 
than  to  removal  from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust  or  profit,  under  the  United 


States :  but  the  party  convicted  shall  nevertheless  be  liable  and  Effector, 
subject  to  indictment,  trial,  judgment  and  punishment,  accord- 
to  law. 

SECTION    IV. 

The  times,  places  and  manner  of  holding  elections  for  Sen- 
ators  and  Representatives,  shall  be  prescribed  in  each  State  by 
the  Legislature  thereof;  but  the  Congress  may  at  any  time  by 
law  make  or  alter  such  regulations,  except  as  to  the  places  of 
choosing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  year,  and  congress 
such  meeting  shall  be  on  the  first  Monday  in  December,  un- bl< 
less  they  shall  by  law  appoint  a  different  day. 

SECTION  v. 

Each  House  shall  be  the  judge  of  the  elections,  returns  and  Elections,    how- 
qualifications  of  its  own  members,  and  a  majority  of  each  shall  •judgedt 
constitute  a  quorum  to  do  business  ;  but  a  smaller  number  may  Quorum. 
adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the 
attendance  of  absent  members,  in  such  manner,  and  under  such  Absent  member* 
penalties  as  each  House  may  provide. 

Each  House  may  determine  the  rules  of  its  proceedings,  pun-  Rules, 
ish  its  members  for  disorderly  behavior,  and  with  the  concur- 
rence of  two-thirds  expel  a  member.  Expulsion. 

Each  House  shall  keep  a  journal  of  its  proceeding's,  and  from  Journals  to   be 

,.  •'  .•     kept  and  publish- 

time  to  time  publish  the  same,  excepting  such  parts  as  may  m  ed. 
their  judgment  require  secrecy ;  and  the  yeas  and  nays  of  the  Yeas  and  nays: 
members  of  either  House  on  any  question  shall,  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journal. 

Neither  House,  during  the  session  of  Congress,  shall,  without  Adjournment, 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  the  two  Houses  shall  be 
sitting. 

SECTION    VI. 

The  Senators  and  Representatives  shall  receive  a  compen-  compensation, 
sation  for  their  services,  to  be  ascertained  by  law,  and  paid  out 
of  the  treasury  of  the  United  States.     They  shall,  in  all  cases 
except  treason,  felony  and  breach  of  the  peace,  be  privileged  Pnvile&e3- 
from  arrest  during  their  attendance  at  the  session  of  their're- 
spective  Houses,  and  in  going  to  or  returning  from  the  same ; 
and  for  any  speech  or  debate  in  either  House,  they  shall  not  be 
questioned  in  any  other  place. 

No   Senator  or  Representative  shall,  during  the  time  for  Members  not ap~ 
which  he  was  elected,  be  appointed  to  any  civil  office  under  pointedto° 
the  authority  of  the  United  States,  which  shall  have  been  cre- 
ated, or  the  emoluments  whereof  shall  have  been  increased, 
during  such  time  :  and  no  person  holding  any  office  under  the 
United  States  shall  be  a  member  of  either  House  during  his 
continuance  in  office.  be  members 


SECTION    VII. 

Revenue  bills.  All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Representatives;  but  the  Senate  may  propose,  or  concur  with, 
amendments,  as  on  other  bills. 

Snted^othepre       Every  bill  which  shall  have  passed  the  House  of  Represen- 
sident.  tatives  and  the  Senate,  shall,  Wore  it  become  a  law,  be  pre- 

sented to  the  President  of  the  United  States ;  if  he  approve  he 
gj^ij  gign  ^  kut  if  noj.  ^  gnau  retum  jtj  ^ifa  hjg  objections,  to 

that  House  in  which  it  shall  have  originated,  who  shall  enter 
the  objections  at  large  on  their  journal  and  proceed  to  reconsider 
hL°veeto!ngs  °n  iL  If  afte1'  sucn  reconsideration  two-thirds  of  that  House  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objec- 
tions, to  the  other  House,  by  which  it  shall  likewise  be  recon- 
sidered, and  if  approved  by  two-thirds  of  that  House,  it  shall 
become  a  law.  But  in  all  such  cases  the  votes  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  and  against  the  bill  shall  be  entered  on  the 
journal  of  each  House  respectively.  If  any  bill  shall  not  be 
Bins  to  be  laws  returned  by  the  President  within  ten  days  (Sundays  excepted,) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a 
law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Congress 
by  their  adjournment  prevent  its  return,  in  which  case  it  shall 
not  be  a  law. 

joint  orders  or      Every  order,  resolution,  or  vote  to  which  the  concurrence  of 
a^roveTV^he  ^ie  Senate  anc^  House  of  Representatives  may  be  necessaiy 
President.  y   ™  (except  on  a  question  of  adjournment)  shall  be  presented  to  the 
President  of  the  United  States ;  and  before  the  same  shall  take 
effect,  shall  be  approved  by  him,  or,  being  disapproved  by  him, 
shall  be  repassed  by  two-thirds  of  the  Senate  and  House  of 
Representatives,  according  to  the  rules  and  limitations  prescrib- 
ed in  the  case  of  a  bill. 

SECTION    VIII. 

powers  of  Con-      The  Congress  shall  have  power  to  lay  and  collect  taxes,  du- 

gress — to  lay  tax-    ..  -.  .  ,111  i  •  i      /•       .t 

eB,paydebte,gen-ties,  imposts  and  excises,  to  pay  the  debts  and  provide  for  the 

SSunffonn'  du~  common  defence  and  general  welfare  of  the  United  States;  but 
all  duties,  imposts,  and  excises  shall  be  uniform  throughout  the 
United  States ; 

Borrow  money.        TO  borrow  money  on  the  credit  of  the  United  States; 

commerce.  To  regulate  commerce  with  foreign  nations,  and  among  the 

several  States,  and  with  the  Indian  tribes ; 

Naturalization.        To  establish  a  uniform  rule  of  naturalization,  and  uniform 

Bankruptcy.  laws  on  the  subject  of  bankruptcies  throughout  the  United 
States ; 

coin  money.          To  coin  money,  regulate  the  value  thereof,  and  of  foreign 

wights        *-  cojn^  anj  £x  foe  standard  of  weights  and  measures; 

Counterfeiting.  To  provide  for  the  punishment  of  counterfeiting  the  securi- 
ties and  current  coin  of  the  United  States; 

Poet  roads.  To  establish  post  offices  and  post  roads; 

Promote  am  and      To  promote  the  progress  of  science  and  useful  arts,  by  se- 


curing  for  limited  times  to  authors  and  inventors  the  exclusive  science. 
right  to  their  respective  writings  and  discoveries ; 

To  constitute  tribunals  inferior  to  the  Supreme  Court;  inferior  courts. 

To  define  and  punish  piracies  and  felonies  committed  on  the  Piracies,  &c. 
high  seas,  and  offences  against  the  law  of  nations ; 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and  Declare  war  and 
make  rules  concerning  captures  on  land  or  water ; 

To  raise  and  support  armies,  but  no  appropriation  of  money  Raise  armies, 
to  that  use  shall  be  for  a  longer  term  than  two  years; 

To  provide  and  maintain  a  navy ;  Navy. 

To  make  rules  for  the  government  and  regulation  of  the  land  Rules  and  arti- 

,    ,,  clesofwar. 

and  naval  forces ; 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  ,9^1  out  the  mi~ 

,.    f       t r    •  .  i   •  htra. 

of  the  Union,  suppress  insurrections  and  repel  invasions ; 

To  provide  for  organizing,  arming,  and  disciplining  the  mi-  ^SSmaitia*" 
litia,  and  for  governing  such  part  of  them  as  may  be  employed 
in  the  service  of  the  United  States,  reserving  to  the  States  re- 
spectively, the  appointment  of  the  officers,  and  the  authority  officers,  miittia. 
of  training  the  militia  according  to  the  discipline  prescribed  by 
Congress ; 

To   exercise  exclusive  legislation  in  all  cases  whatsoever,  Exclusive  iegu- 
over  such  district  (not  exceeding  ten  miles  square)  as  may,  by  oafGovernmentat 
cession  of  particular  States,  and  the  acceptance  of  Congress, 
become  the  seat  of   Government  of  the  United   States,  and 
to  exercise  like  authority  over  all  places  purchased  by  the  con- 
sent of  the  Legislature  of  the  State  in  which  the  same  shall  be,  And  over  fortg 
for  the  erectipn  of  forts,  magazines,  arsenals,  dock-yards,  and  arsenals,  docks* 
other  needful  buildings ; — And 

To  make  all  laws  which  shall  be  necessary  and  proper  for  TO  make  gener- 
carrying  into  execution  the  foregoing  powers,  and  all  other  pow-  powSnto  eS 
ers  vested  by  this  Constitution  in  the  Government  of  the  Uni- 
ted States,  or  in  any  department  or  office  thereof. 

SECTION    IX. 

The  migration  or  importation  of  such  persons  as  any  of  the  importation    of 
States  now  existing  shall  think  proper  to  admit,  shall  not  bef8a0^sallow'dul1 
prohibited  by  the  Congress  prior  to  the  year  eighteen  hundred 
and  eight,  but  a  tax  or  duty  may  be  imposed  on  such  importa- 
tion, not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus-  Habeas  corpus, 
pended,  unless  when  in  cases  of  rebellion  or  invasion  the  pub- 
lic safety  may  require  it. 

No  bill  of  attainder,  or  ex  post  facto  law,  shall  be  passed.       A"f lnlf  ?nd  er 

•my  •  .  .  -i  •  ill  i  pOSL  laClO  laWS» 

IN o  capitation,  or  other  direct  tax,  shall  be  laid,  unless  in  Direct  taxes. 

proportion  to  the  census  or  enumeration  herein  before  directed 

to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State.  NO    exportation 
No  preference  shall  be  given  by  any  regulation  of  commerce  commerce    be- 

or  revenue  to  the  ports  of  one  State  over  those  of  another:  nor tween the States- 

shall  vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter, 

clear,  or  pay  duties  in  another. 


6 

fro°meueas°uly!r '"  NO  money  snaM  ^e  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  mo- 

TO  be  published,  ney  shall  be  published  from  time  to  time. 

NO  nobility.  No  title  of  nobility  shall  be  granted  by  the  United  States : 

and  no  person  holding  any  office  of  profit  or  trust  under  them, 
shall,  without  the  consent  of  the  Congress,  accept  of  any  pre- 

andetmesresents  sent>  emolument,  office,  or  title,  of  any  kind  whatever,  from 
any  king,  prince,  or  foreign  state. 

SECTION  x. 
No  State  shall  enter  into  any  treaty,  alliance,  or  confedera- 

Powers  denied  to    .  ,   ,    ,  f  J    ,  •      i  • 

the  states.  tion  ;  grant  letters  of  marque  and  reprisal ;  coin  money  ;  emit 
bills  of  credit ;  make  any  thing  but  gold  and  silver  coin  a  ten- 
der in  payment  of  debts ;  pass  any  bill  of  attainder,  ex  post 
facto  law,  or  law  impairing  the  obligation  of  contracts,  or  grant 
any  title  of  nobility. 

other  powers  de-  No  State  shall,  without  the  consent  of  the  Congress,  lay  any 
«ied  to  states,  imposts  or  duties  on  imports  or  exports,  except  what  may  be 
absolutely  necessary  for  executing  its  inspection  laws :  and  the 
nett  produce  of  all  duties  and  imposts,  laid  by  any  State  on 
imports  or  exports,  shall  be  for  the  use  of  the  Treasury  of  the 
United  States ;  and  all  such  laws  shall  be  subject  to  the  revi- 
sion and  control  of  the  Congress. 

Further  denial  of     No  State  shall,  without  the  consent  of  Congress,  lay  any  duty 

powers  to  states.  of  tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace,  enter 

into  any  agreement  or  compact  with  another  State,  or  with  a 

foreign  power,  or  engage  in  war,  unless  actually  invaded,  or  in 

such  imminent  danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

SECTION    I. 

President  United      The  Executive  power  shall  be  vested  in  a  President  of  the 
states,  United  States  of  America.     He  shall  liold  his  office  during  the 

term  of  four  years,  and,  together  with  the  Vice  President,  cho- 
sen for  the  same  term,  be  elected  as  follows  : 

Each  State  shall  appoint,  in  such  manner  as  the  Legislature 

Electors,  how  ap-    ,  n.  ,  & 

pointed.  thereof  may  direct,  a  number  of  electors,  equal  to  the  whole 

number  of  Senators  and  Representatives  to  which  the  State 
may  be  entitled  in  the  Congress :  but  no  Senator  or  Represen- 
tative, or  person  holding  an  office  of  trust  or  profit  under  the 
United  States,  shall  be  appointed  an  elector. 

Electors  to  meet,      The  electors  shall  meet  in  their  respective  States,  and  vote 

5dentellndavice^y  ballot  f°r  two  persons,  of  whom  one  at  least  shall  not  be  an 

President.          inhabitant  of  the  same  State  with  themselves.     And  they  shall 

make  a  list  of  all  the  persons  voted  for,  and  the  number  of  votes 

for  each;  which  list  they  shall  sign  and  certify,  and  transmit 

sealed  to  the  seat  of  Government  of  the  United  States,  directed 

to  the  President  of  the  Senate.     The  President  of  the  Senate 

shall,  in  the  presence  of  the  Senate  and  House  of  Representa- 

«dhSlrcongress.n"  tives,  open  all  the  certificates,  and  the  votes  shall  then  be  count* 


ed.     The  person  having  the  greatest  number  of  votes  shall  be 
the  President,  if  such  number  be  a  majority  of  the  whole  num- 
ber of  electors  appointed  ;  and  if  there  be  more  than  one  who 
have  such  majority,  and  have  an  equal  number  of  votes,  then 
the  House  of  "Representatives  shall  immediately  choose,  by  bal-  to 
lot,  one  of  them  for  President;  and  if  no  person  have  a  majo- tors  fail- 
rity,  then  from  the  five  highest  on  the  list  the  said  House  shall, 
in  like  manner,  choose  the  President.     But  in  choosing  the- 
President,  the  votes  shall  be  taken  by  States,  the  representation  Votes  by  states, 
from  each  State  having  one  vote ;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two-thirds  of  the 
States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.     In  every  case,  after  the  choice  of  the  President,  the 
person  having  the  greatest  number  of  votes  of  the  electors  shall 
be  the  Vice  President.   But  if  there  should  remain  two  or  more  vice  President. 
who  have  equal  votes,  the  Senate  shall  choose  from  them  by 
ballot  the  Vice  President.* 

The  Congress  may  determine  the  time  of  choosing  the  elec-  Election  &  meet- 
tors,  and  the  day  on  which  they  shall  give  their  votes;  which  mgof 
day  shall  be  the  same  throughout  the  United  States. 

No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  Qualifications  Of 
United  Stated  at  the  time  of  the  adoption  of  this  Constitution,  President- 
shall  be  eligible  to  the  office  of  President;  neither  shall  any 
person  be  eligible  to  that  office  who  shall  not  have  attained  to 
the  age  of  thirty-five  years,  and  been  fourteen  years  a  resident 
within  the  United  States. 

In  case  of  the  removal  of  the  President  from  office,  or  of  his  jfcmov aMeath, 
death,  resignation,  or  inability  to  discharge  the  powers  and  du- 
ties of  the  said  office,  the  same  shall  devolve  on  the  Vice  Pre- 
sident, and  the  Congress  may  by  law  provide  for  the  case  of  re- 
moval, death,  resignation,  or  inability,  both  of  the  President  and 
Vice  President,  declaring  what  officer  shall  then  act  as  President, 
and  such  officer  shall. act  accordingly,  until  the  disability  be  re- 
moved, or  a  President  shall  be  elected. 

The  President  shall,  at  stated  times,  receive  for  his  services,  compensation  of 
a  compensation,  which  shall  neither  be  increased  nor  diminish- 
ed during  the  period  for  which  he  shall  have  been  elected,  and 
he  shall  not  receive  within  that  period  any  other  emolument 
from  the  United  States,  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take 
the  following  oath  or  affirmation  : — 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  exe-  oath. 
cute  the  office  of  President  of  the  United  States,  and  will,  to  the 
best  of  my  ability,  preserve,*  protect  and  defend  the  Constitu- 
tion of  the  United  States." 

SECTION    II. 

The  President  shall  be  eominander-in-chief  of  the  army  and  Powers  and  du- 

i        __,..,_.  ,       „     ,  ....         -     ,         J          T  ties  of  the  Presi- 

navy  of  the  United  States,  and  of  the  militia  of  the  several  dent. 

*  This  clause  of  tHe  Constitution  has  been  amended.     See  twelfth  article  of 
the  amendments,  page  14. 


8 

States,  when  called  into  the  actual  service  of  the  United  States ; 
he  may  require  the  opinion,  in  writing,  of  the  principal  officer 
in  each  of  the  Executive  Departments,  upon  any  subject  rela- 
ting to  the  duties  of  their  respective  offices ;  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offences  against  the 
United  States,  except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent  of 
ApbliintffiCnls  oftne  Senate,  to  make  treaties,  provided  two-thirds  of  the  Sena- 
tors present  concur ;  and  he  shall  nominate,  and  by  and  with 
the  advice  and  consent  of  the  Senate,  shall  appoint  ambassadors, 
other  public  ministers  and  consuls,  judges  of  the  Supreme  Court, 
and  all  other  officers  of  the  United  States,  whose  appointments 
are  not  herein  otherwise  provided  for,  and  which  shall  be  es- 
tablished by  law  :  But  the  Congress  may  by  law  vest  the  ap- 
pointment of  such  inferior  officers,  as  they  think  proper,  in  the 
President  alone,  in  the  courts  of  law,  or  in  the  heads  of  Depart- 
ments. 

vacancies  in  of-  '   The  President  shall  have  power  to  fill  up  all  vacancies  that 
fice*  may  happen  during  the  recess  of  the  Senate,  by  granting  com- 

missions which  shall  expire  at  the  end  of  their  next  session. 

SECTION    III. 

Further  powers  He  shall  from  time  to  time  give  to  the  Congress  information 
sidentUties°fPre ~  °f tne  state  °f  tne  Union,  and  recommend  to  their  considera- 
tion such  measures  as  he  shall  judge  necessary  and  expedient; 
he  may,  on  extraordinary  occasions,  convene  both  Houses,  or 
either  of  them;  and,  in  case  of  disagreement  between  them, 
with  respect  to  the  time  of  adjournment,  he  may  adjourn  them 
to  such  time  as  he  shall  think  proper ;  he  shall  receive  ambas- 
sadors and  other  public  ministers ;  he  shall  take  care  that  the 
laws  be  faithfully  executed,  and  shall  commission  all  the  offi- 
cers of  the  United  States. 

SECTION    IV. 

The  President,  Vice  President  and  all  civil  officers  of  the 
impeachment.     United  States,  shall  be  removed  from  office  on  impeachment 
for,  and  conviction  of,  treason,  bribery,  or  other  high  crimes  and 
misdemeanors. 

ARTICLE  III. 

SECTION    I. 

judiciary,  and  te-  The  Judicial  power  of  the  United  States  shall  be  vested  in 
nure  of  Judges.  Q^Q  Supreme  Court,  and  in  such  inferior  courts  as  the  Con- 
gress may  from  time  to  time  ordain  and  establish.  The  judges, 
both  of  the  Supreme  and  inferior  courts,  shall  hold  their  offices 
during  good  behavior,  and  shall,  at  stated  times,  receive  for 
their  services  a  compensation,  which  shall  not  be  diminished 
during  their  continuance  in  office. 

SECTION  n. 

Powers  of  the  ju-      The  Judicial  power  shall  extend  to  all  cases  in  law  and  equi- 
ty, arising  under  this  Constitution,  the  laws  of  the  United  States, 


and  the  treaties  made,  or  which  shall  be  made,  under  their  au- 
thority ; — to  all  cases  affecting  ambassadors,  other  public  min- 
isters, and  consuls; — to  all  cases  of  admiralty  and  maritime  ju- 
'risdiction ; — to  controversies  to  which  the  United  States  shall 
be  a  party; — to  controversies  between  two  or  more  States; — 
between  a  State  and  citizens  of  another  State ; — between  citi- 
zens of  different  States ;  between  citizens  of  the  same  State 
claiming  lands  under  grants  of  different  States,  and  between  a 
State  or  the  citizens  thereof,  and  foreign  States,  citizens  or  sub- 
jects.* 

In  all  cases  affecting  ambassadors,  other  public  ministers  and  jurisdiction     of 
consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Su-  supreme  couru 
preme  Court  shall  have  original  jurisdiction.     In  all  the  other 
cases  before  mentioned,  the  Supreme  Court  shall  have  appel- 
late jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions, 
and  under  such  regulations,  as  the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  Trials  by  jury, 
be  by  jury  ;  and  such  trial  shall  be  held  in  the  State  where  the 
said  crimes  shall  have  been  committed ;  but  when  not  commit- 
ted within  any  State,  the  trial  shall  be  at  such  place  or  places  And  where  hew. 
as  the  Congress  may  by  law  have  directed. 

SECTION    III. 

Treason  against  the  United  States  shall  consist  only  in  levy-  Treason. 
ing  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.     No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  on  confession  in  open  court. 

The  Congress  shall  have  power  to  declare  the  punishment  No  corruption  of 
of  treason,  but  no  attainder  of  treason  shall  work  corruption  of  wood, 
blood,  or  forfeiture,  except  during  the  life  of  the  person  attainted. 

ARTICLE  IV. 

SECTION    I. 

Pull  faith  and  credit  shall  be  given  in  each  State  to  the  pub-  Acts  of  states  ac- 
lic  acts,  records,  and  judicial  proceedings  of  every  other  State. cr 
And  the  Congress  may  by  general  laws  prescribe  the  manner 
in  which  such  acts,  records  and  proceedings  shall  be  proved, 
and  the  effect  thereof. 

SECTION  n. 

The  citizens  of  each  State  shall  be  entitled  to  all  privileges  privileges  of  citt- 
and  immunities  of  citizens  in  the  several  States. 

A  person  charged  in  any  State  with  treason,  felony,  or  other  Fugitives    from 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  j*jjjjj  to  be  de- 
State,  shall,  on  demand  of  the  Executive  authority  of  the  State  LV 
from  which  he  fled,  be  delivered  up  to  be  removed  to  the  State 
having  jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  State  under  the  Fugitive  slaves  to 
laws  thereof,  escaping  into  another, shall,  in  consequence  of  any  be  [ehvered  up* 
law,  or  regulation  therein,  be  discharged  from  such  service  or 
*  See  Amendments — art.  XL 


10 

labor,  but  shall  be  delivered  up  on  claim  of  the  party  to  whom 
such  service  or  labor  may  be  due. 

SECTION    III. 

ifew  states  New  States  may  be  admitted  by  the  Congress  into  this  Union ; 

but  no  new  States  shall  be  formed  or  erected  within  the  juris- 
diction of  any  other  State ;  nor  any  State  be  formed  by  the 
junction  of  two  or  more  States,  or  parts  of  States,  without  the 
consent  of  the  Legislature  of  the  States  concerned,  as  well  as  of 
the  Congress. 

Territory     and      The  Congress  shall  have  power  to  dispose  of  and  make  all 

£n£if  SSte?  of  needful  rules  and  regulations  respecting  the  territory  or  other  pro- 
perty belonging  to  the  United  States;  and  nothing  in  this 

Claims  Constitution  shall  be  so  construed  as  to  prejudice  any  claims  of 

the  United  States,  or  of  any  particular  State. 

SECTION    IV. 

republican  form  The  United  States  shall  guaranty  to  every  State  in  this  Union 
prSectionmofnije a  rePublican  form  of  government,  and  shall  protect  each  of  them 
states,  against  invasion ;  and  on  application  of  the  Legislature,  or  of 

the  Executive,  (when  the   Legislature  cannot   be  convened) 

against  domestic  violence. 

ARTICLE  V. 

Amendments  of  ^e  Congress,  whenever  two-thirds  of  both  Houses  shall 
this  Constitution,  deem  it  necessary,  shall  propose  amendments  to  this  Constitu- 
tion, or,  on  the  application  of  the  Legislatures  of  two-thirds  of 
the  several  States,  shall  call  a  convention  for  proposing  amend- 
ments, which,  in  either  case,  shall  be  valid  to  all  intents  and 
purposes,  as  part  of  this  Constitution,  when  ratified  by  the  Le- 
gislatures of  three-fourths  of  the  several  States,  or  by  conven- 
tions in  three-fourths  thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  the  Congress;  provided  that  no 
amendment,  which  may  be  made  prior  to  the  year  one  thou- 
sand eight  hundred  and  eight,  shall  in  any  manner  affect  the 
first  and  fourth  clauses  in  the  ninth  section  of  the  first  article ; 
and  that  no  State,  without  its  consent,  shall  be  deprived  of  its 
equal  suffrage  in  the  Senate. 

ARTICLE  VI. 

Debts  of  former      All  debts  contracted  and  engagements  entered  into,  before 
cojJSd!6111    e"  the  adoption  of  this  Constitution,  shall  be  as  valid  against  the 
United  States  under  this  Constitution,  as  under  the  Confedera- 
tion. 

what  constitutes  This  Constitution  and  the  laws  of  the  United  States  which 
ttesupremelaw>  shall  be  made  in  pursuance  thereof,  and  all  treaties  made,  or 
which  shall  be  made,  under  the  authority  of  the  United  States, 
shall  be  the  supreme  law  of  the  land  ;  and  the  judges  in  every 
State  shall  be  bound  thereby,  any  thing  in  the  Constitution  or 
laws  of  any  State  to  the  contrary  notwithstanding. 

oath  of  public  of-  The  Senators  and  Representatives  before  mentioned,  and  the 
members  of  the  several  State  Legislatures,  and  all  Executive 


11 

and  Judicial  officers,  both  of  the  United  States,  and  of  the  sev- 
eral States,  shall  be  bound  by  oath  or  affirmation,  to  support 
this  Constitution  :  but  no  religious  test  shall  ever  be  required  as  NO  religious  test, 
a  qualification  to  any  office  or  public  trust  under  the  United 
States. 

ARTICLE  VII. 

The  ratification  of  the  conventions  of  nine  States  shall  be  Ratification* 
sufficient  for  the  establishment  of  this  Constitution  between  the 
States  so  ratifying  the  same. 

Done  in  Convention,  by  the  unanimous  consent  of  the  States, 
present,  the  seventeenth  day  of  September,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  eighty-seven,  and  of 
the  independence  of  the  United  States  of  America  the 
twelfth.  In  witness  whereof  we  have  hereunto  subscribed 
our  names. 

G.  WASHINGTON, 

President,  and  Deputy  from  Virginia. 


IN  CONVENTION. 

MONDAY,  SEPTEMBER  17,  1787. 

Resolved,  That  the  preceding  Constitution  be  laid  before  the 
United  States  in  Congress  assembled ;  and  that  it  is  the  opinion 
of  this  Convention  that  it  should  afterwards  be  submitted  to  a 
convention  of  delegates  chosen  in  each  State  by  the  people 
thereof,  under  the  recommendation  of  its  Legislature,  for  their 
assent  and  ratification  ;  and  that  each  convention,  assenting  to 
and  ratifying  the  same,  should  give  notice  thereof  to  the  United 
States  in  Congress  assembled. 

Resolved,  That  it  is  the  opinion  of  this  Convention,  that,  as 
soon  as  the  conventions  of  nine  States  shall  have  ratified  this 
Constitution,  the  United  States  in  Congress  assembled  should 
fix  a  day  on  which  electors  should  be  appointed  by  the  States 
which  shall  have  ratified  the  same,  and  a  day  on  which  electors 
should  assemble  to  vote  for  the  President,  and  the  time  and 
place  for  commencing  proceedings  under  this  Constitution ; 
that,  after  such  publication,  the  electors  should  be  appointed, 
and  the  Senators  and  Representatives  elected ;  that  the  electors 
should  meet  on  the  day  fixed  for  the  election  of  the  President, 
and  should  transmit  their  votes,  certified,  signed,  sealed,  and 
directed,  as  the  Constitution  requires,  to  the  Secretary  of  the 
United  States  in  Congress  assembled ;  that  the  Senators  and 
Representatives  should  convene  at  the  time  and  place  assigned ; 
that  the  Senators  should  appoint  a  President  of  the  Senate,  for 
the  sole  purpose  of  receiving,  opening,  and  counting  the  votes 
for  President ;  and  that,  after  he  shall  be  chosen,  the  Congress, 
together  with  the  President,  should,  without  delay,  proceed  to 
execute  this  Constitution. 

By  the  unanimous  order  of  the  Convention : 

G.  WASHINGTON.  President. 


12 

IN  CONVENTION. 

SEPTEMBER  17,  1787. 

SIR  :  We  have  now  the  honor  to  submit  to  the  consideration 
of  the  United  States  in  Congress  assembled,  that  Constitution 
which  has  appeared  to  us  the  most  advisable. 

The  friends  of  our  country  have  long  seen  and  desired  that 
the  power  of  making  war,  peace,  and  treaties;  that  of  levying 
money,  and  regulating  commerce,  and  the  correspondent  Exe- 
cutive and  Judicial  authorities,  should  be  fully  and  effectually 
vested  in  the  General  Government  of  the  Union ;  but  the  im- 
propriety of  delegating  such  extensive  trust  to  one  body  of  men 
is  evident:  hence  results  the  necessity  of  a  different  organiza- 
tion. 

It  is  obviously  impracticable,  in  the  Federal  Government  of 
these  States,  to  secure  all  rights  of  independent  sovereignty  to 
each,  and  yet  provide  for  the  interest  and  safety  of  all.  Indi- 
viduals entering  into  society  must  give  up  a  share  of  liberty  to 
preserve  the  rest.  The  magnitude  of  the  sacrifice  must  depend, 
as  well  on  situation  and  circumstances,  as  on  the  object  to  be 
obtained.  It  is  at  all  times  difficult  to  draw  with  precision,  the 
line  between  those  rights  which  must  be  surrendered  and  those 
which  maybe  reserved;  and,  on  the  present  occasion,  this  dif- 
ficulty was  increased  by  a  difference  among  the  several  States, 
as  to  their  situation,  extent,  habits,  and  particular  interests. 

In  all  our  deliberations  on  this  subject,  we  kept  steadily  in 
our  view  that  which  appears  to  us  the  greatest  interest  of  every 
true  American — the  consolidation  of  our  Union;  in  which  is 
involved  our  prosperity,  felicity,  safety — perhaps  our  national 
existence.  This  important  consideration,  seriously  and  deeply 
impressed  on  our  minds,  led  each  State  in  the  Convention  to 
be  less  rigid  on  points  of  inferior  magnitude  than  might  have 
been  otherwise  expected  ;  and  thus  the  Constitution  which  we 
now  present  is  the  result  of  a  spirit  of  amity,  and  of  that  mu- 
tual deference  and  concession  which  the  peculiarity  of  our  po- 
litical situation  rendered  indispensable. 

That  it  will  meet  the  full  and  entire  approbation  of  every 
State,  is  not  perhaps  to  be  expected ;  but  each  will  doubtless 
consider,  that,  had  her  interest  alone  been  consulted,  the  conse- 
quences might  have  been  particularly  disagreeable  or  injurious 
to  others.  That  it  is  liable  to  as  few  exceptions  as  could  rea- 
sonably have  been  expected,  we  hope  and  believe ;  that  it  may 
promote  the  lasting  welfare  of  that  country  so  dear  to  us  all, 
and  secure  her  freedom  and  happiness,  is  our  most  ardent  wish. 
With  great  respect,  we  have  the  honor  to  be,  sir,  your  excellen- 
cy's most  obedient  and  humble  servants. 

By  the  unanimous  order  of  the  Convention  : 

G.  WASHINGTON,  President. 
His  Excellency  the  PRESIDENT  of  Congress. 


13 

The  United  States  in  Congress  assembled. 

FRIDAY,  SEPTEMBER  28,  1787. 

Congress  having  received  the  report  of  the  Convention  lately 
assembled  in  Philadelphia, 

Resolved,  unanimously,  That  the  said  report,  with  the  reso- 
lutions and  letter  accompanying  the  same,  be  transmitted  to  the 
several  Legislatures,  in  order  to  be  submitted  to  a  convention  of 
delegates  chosen  in  each  State  by  the  people  thereof,  in  con- 
formity to  the  resolves  of  the  Convention,  made  and  provided 
in  that  case. 

CHARLES  THOMSON,  Secretary. 


AMENDMENTS. 

Article  the  First. 

Congress  shall  make  no  law  respecting  an  establishment  of  ^Station?  l° 
religion,  or  prohibiting  the  free  exercise  thereof;  or  abridging  the 
freedom  of  speech,  or  of  the  press ;  or  the  right  of  the  people 
peaceably  to  assemble,  and  to  petition  the  Government  for  a 
redress  of  grievances. 

Article  the  Second. 

A  well  regulated  militia  being  necessary  to  the  security  of  a 
free  State,  the  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed. 

Article  the  Third. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war  but  in  a 
manner  to  be  prescribed  by  law. 

Article  the  Fourth. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated;  and  no  warrants  shall ~ issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  particu- 
larly describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be  seized. 

Article  the  Fifth. 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a 
grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  militia  when  in  actual  service,  in  time  of  war  or  pub- 
lic danger ;  nor  shall  any  person  be  subject  for  the  same  offence 
to  be  twice  put  in  jeopardy  of  life  or  limb ;  nor  shall  be  com- 
pelled in  any  criminal  case  to  be  a  witness  against  himself; 
nor  be  deprived  of  life,  liberty,  or  property,  without  due  pro- 
cess of  law ;  nor  shall  private  property  be  taken  for  public  use 
without  just  compensation. 


14 

Article  the  Sixth. 

o  ^n  a^  criminal  prosecutions  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State 
and  district  wherein  the  crime  shall  have  been  committed, 
which  district  shall  have  been  previously  ascertained  by  law  ; 
and  to  be  informed  of  the  nature  and  cause  of  the  accusation  ; 
to  be  confronted  with  the  witnesses  against  him ;  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favor ;  and  to  have 
the  assistance  of  counsel  for  his  defence. 

Article  the  Seventh. 

In  suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre- 
served;, and  no  fact  tried  by  a  jury  shall  be  otherwise  re-ex- 
amined in  any  court  of  the  United  States,  than  according  to  the 
rules  of  the  common  law. 

Article  the  Eighth. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  and  unusual  punishments  inflicted. 

Article  the  Ninth. 

The  enumeration  in  the  Constitution  of  certain  rights  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

Article  the  Tenth. 

The  powers  not  delegated  to  the  United  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people. 

Article  the  Eleventh. 

The  judicial  power  of  the  United  States  shall  not  be  construed 
to  extend  to  any  suit  in  law  or  equity  commenced  or  prosecuted 
against  one  of  the  United  States  by  citizens  of  another  State,  or 
by  citizens  or  subjects  of  any  foreign  State. 

Article  the  Twelfth. 

The  electors  shall  meet  in  their  respective  States,  and  vote 
by  ballot  for  President  and  Vice  President,  one  of  whom,  at 
least,  shall  not  be  an  inhabitant  of  the  same  State  with  them- 
selves ;  they  shall  name  in  their  ballots  the  person  voted  for  as 
President ;  and  in  distinct  ballots  the  person  voted  for  as  Vice 
President;  and  they  shall  make  distinct  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for  as  Vice  President, 
and  of  the  number  of  votes  for  each ;  which  lists  they  shall  sign 
and  certify,  and  transmit  sealed  to  the  seat  of  the  Government 
of  the  United  States,  directed  to  the  President  of  the  Senate : 
the  President  of  the  Senate  shall,  in  presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  certificates,  and  the 
votes  shall  then  be  counted :  the  person  having  the  greatest 


15 

number  of  votes  for  President  shall  be  the  President,  if  such  Amendments  to 
number  be  a  majority  of  the  whole  number  of  electors  appoint-  C( 
ed;  and  if  no  person  have  such  majority,  then,  from  the 
persons  having  the  highest  numbers,  not  exceeding  three,  on 
the  list  of  those  voted  for  as  President,  the  House  of  Represen- 
tatives shall  choose,  immediately,  by  ballot,  the  President.  But, 
in  choosing  the  President,  the  votes  shall  be  taken  by  States, 
the  representation  from  each  State  having  one  vote ;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from  two- 
thirds  of  the  States,  and  a  majority  of  all  the  States  shall  be  ne- 
cessary to  a  choice.  And  if  the  House  of  Representatives  shall 
not  choose  a  President  whenever  the  right  of  choice  shall  de- 
volve upon  them,  before  the  fourth  day  of  March  next  follow- 
ing, then  the  Vice  President  shall  act  as  President  as  in  the 
case  of  the  death  or  other  constitutional  disability  of  the  Presi- 
dent. 

The  person  having  the  greatest  number  of  votes  as  Vice  Pre- 
sident shall  be  the  Vice  President,  if  such  number  be  a  majo- 
rity of  the  whole  number  of  electors  appointed ;  and  if  no 
person  have  a  majority,  then,  from  the  two  highest  numbers  on 
the  list,  the  Senate  shall  choose  the  Vice  President:  a  quorum 
for  the  purpose  shall  consist  of  two-thirds  of  the  whole  number 
of  Senators,  and  a  majority  of  the  whole  number  shall  be  ne- 
cessary to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office  of  Pre- 
sident, shall  be  eligible  to  that  of  Vice  President  of  the  United 
States. 


ORIGIN,  ETC. 

OF    THE 

NAVAL  ESTABLISHMENT 

OF    THE 

UNITED    STATES. 


Resolved,  That  two  battalions  of  marines  be  raised,  consist-  in  congress, 
ing  of  one  colonel,  two  lieutenant  colonels,  two  majors,  and  Nov<  10' 1775' 
other  officers,  as  usual  in  other  regiments ;  that  they  consist  of 
an  equal  number  of  privates,  with  other  battalions;  that  par- 
ticular care  be  taken  that  no  persons  be  appointed  to  offices,  or 
enlisted  into  said  battalions,  but  such  as  are  good  seamen,  or  so 
acquainted  with  maritime  affairs,  as  to  be  able  to  serve  to  ad- 
vantage by  sea,  when  required ;  that  they  be  enlisted  and  com- 
missioned to  serve  for  and-  during  the  present  war  between 
Great  Britain  and  the  colonies,  unless  dismissed  by  order  of 
Congress ;  that  they  be  distinguished  by  the  names  of  the  first 
and  second  battalions  of  American  marines. 

1.  Resolved,  That  all  such  ships  of  war,  frigates,  sloops,    in  congress, 
cutters,  and  armed  vessels,  as  are,  or  shall  be,  employed  in  the  Nov<  ^  177^ 
present  cruel  and  unjust  war  against  the  United  Colonies,  and 

shall  fall  into  the  hands  of,  or  be  taken  by,  the  inhabitants 
thereof,  be  seized  and  forfeited  to  and  for  the  purposes  herein- 
after mentioned. 

2.  Resolved,  That  all  transport  vessels  in  the  same  service, 
having  on  board  any  troops,  arms,  ammunition,  clothing,  pro- 
visions, or  military  or  naval  stores,  of  what  kind  soever,  and  all 
vessels  to  whomsoever  belonging,  that  shall  be  employed  in 
carrying  provisions,  or  other  necessaries,  to  the  British  army,  or 
armies,  or  navy,  that  now  are,  or  shall  hereafter  be,  within  any 
of  the  United  Colonies,  or  any  goods,  wares,  or  merchandise,  for 
the  use  of  such  fleet  or  army,  shall  be  liable  to  seizure,  and, 
with  their  cargoes,  shall  be  confiscated. 

3.  Resolved,  That  no  master  or  commander  of  any  vessel 
shall  be  entitled  to  cruise  for,  or  make  prize  of,  any  vessel  or 
cargo,  before  he  shall  have  obtained  a  commission  from  the 
Congress,  or  from  such  person  or  persons  as  shall  be  for  that 
purpose  appointed,  in  some  one  of  the  United  Colonies. 

2 


18 

in  congress,  4.  That  it  be,  and  is  hereby,  recommended  to  the  several  le- 
rov,  25, 1775.  gjsiatures  jn  tne  United  Colonies,  as  soon  as  possible  to  erect 
courts  of  justice,  or  give  jurisdiction  to  the  courts  now  in  being1, 
for  the  purpose  of  determining  concerning  the  captures  to  be 
made  as  aforesaid,  and  to  provide  that  alltrials,  in  such  case,  be 
had  by  a  jury,  under  such  qualifications  as  to  the  respective  le- 
gislatures shall  seem  expedient. 

5.  That  all  prosecutions  shall  be  commenced  in  the  court  of 
that  colony  in  which  the  captures  shall  be  made ;  but  if  no 
such  court  be  at  that  time  erected  in  the  said  colony,  or  if  the 
capture  be  made  on  open  sea,  then  the  prosecution  shall  be 
in  the  court  of  such  colony  as  the  captor  may  find  most  con- 
venient :  provided,  that  nothing  contained  in  this  resolution 
shall  be  construed  so  as  to  enable  the  captor  to  remove  his 
prize  from  any  colony  competent  to  determine  concerning  the 
seizure,  after  he  shall  have  carried  the  vessel  so  seized  within 
any  harbor  of  the  same. 

6.  That  in  all  cases  an  appeal  shall  be  allowed  to  the  Con- 
gress, or  such  person  or  persons  as  they  shall  appoint  for  the 
trial  of  appeals ;  provided  the  appeal  be  demanded  within  five 
days  after  definitive  sentence,  and  such  appeal  be  lodged  with 
the  Secretary  of  Congress  within  forty  days  afterwards;  and 
provided  the  party  appealing  shall  give  security  to  prosecute  the 
said  appeal  to  effect :  and  in  case  of  the  death  of  the  Secretary 
during  the  recess  of  Congress,  then  the  said  appeal  to  be  lodg- 
ed in  Congress  within  twenty  days  after  the  meeting  thereof. 

7.  That  when  any  vessel  or  vessels  shall  be  fitted  out  at  the 
expense  of  any  private  person  or  persons,  then  the  captures 
made  shall  be  to  the  use  of  the  owner  or  owners  of  the  said 
vessel  or  vessels ;  that  where  the  vessels  employed  in  the  cap- 
ture shall  be  fitted  out  at  the  expense  of  any  of  the  United  Co- 
lonies, then  one-third  of  the  prize  taken  shall  be  to  the  use  of 
the  captors,  and  the  remaining  two-thirds  to  the  use  of  the  said 
colony;    and  where  the  vessels  so  employed  shall  be  fitted 
out  at  the  continental  charge,  then  one-third  shall  go  to  the 
captors,  and  the  remaining  two-thirds  to  the  use  of  the  United 
Colonies :  provided,  nevertheless,  that  if  the  capture  be  a  ves- 
sel of  war,  then  the  captors  shall  be  entitled  to  one-half  of  the 
value,  and  the  remainder  shall  go  to  the  colony  or  continent, 
as  the  case  may  be;  the  necessaiy  charges  of  condemnation  of 
all  prizes  being  deducted  before  distribution  made. 

in  congress,        The  Congress  resumed  the  consideration  of  the  rules  and 
NOV.  as,  1775.  orc|ers  for  the  navy  of  the  United  Colonies,  and  the  same  being 
debated  by  paragraphs,  were  agreed  to. 

[NOTE. — As  the  rules  and  regulations  of  the  navy,  ordained  by  Congress 
piior  to  the  adoption  of  the  constitution  in  1788,  have  been,  in  an  approved 
form,  enacted  into  a  law  of  the  United  States,  it  is  deemed  unnecessary  to  insert 
them  here.  See  the  act  of  April  23,  1800 ;  chap.  187,  vol.  3.] 

Dec?T,8i775.  Resolved,  That  in  cases  of  re-captures,  the  re-captors  have, 
and  retain,  in  lieu  of  salvage,  one-eighth  part  of  the  true  value 
of  the  vessel  and  cargo,  or  either  of  then],  if  the  same  hath  or 


19 


have  been  in  possession  of  the  enemy  twenty-four  hours ;  one-  JjJ,  .  1?75- 
fifth  part,  if  more  than  twenty-four  hours,  and  less  than  forty- 
eight  hours ;  one-third  part,  if  more  than  forty-eight,  and  less 
than  ninety-six  hours;  and  one-half,  if  more  than  ninety-six 
hours,  unless  the  vessel  shall,  after  the  capture,  have  been  le- 
gally condemned  as  a  prize  by  some  court  of  admiralty,  in 
which  case  the  re-captors  to  have  the  whole  :  in  all  which  cases, 
the  share  detained,  or  prize,  to  be  divided  between  the  owners 
of  the  ship  making  the  re-capture,  the  colony,  or  the  continent, 
as  the  case  may  be,  and  the  captors,  agreeably  to  a  former  reso- 
lution. 

Resolved,  That  a  committee  be  appointed  to  devise  ways  in  congress, 
and  means  for  furnishing  these  colonies  with  a  naval  armament,  Dec<  u>  1775 
and  report  with  all  convenient  speed. 

The  committee  appointed  to  devise  ways  and  means  for  fit-  rn  congress, 
ting  out  a  naval  armament,  brought  in  their  report,  which,  be-  Dec<  13»" 177 
ing  read  and  debated,  was  agreed  to  as  follows  : 

That  five  ships  of  32  guns,  five  of  28  guns,  three  of  24  guns, 
making  in  the  whole  thirteen,  can  be  fitted  for  the  sea,  proba- 
bly by  the  last  of  March  next,  viz  :  in  New  Hampshire  one,  in 
Massachusetts  Bay  two,  in  Connecticut  one,  in  Rhode  Island 
two,  in  New  York  two,  in  Pennsylvania  four,  and  in  Maryland 
one. 

That  the  cost  of  these  ships,  so  fitted,  will  not  be  more  than 
66,666§  dollars  each,  on  an  average,  allowing  two  complete 

suits  of  sails  for  each  ship,  equal  in  the  whole  to  866,666?- 
111  ° 

dollars. 

That  the  materials  for  fitting  them  may  be  all  furnished  in 
these  colonies,  except  the  articles  of  canvass  and  gunpowder ; 
and  that,  therefore,  it  will  be  proper  the  Congress  direct  the  most 
speedy  and  effectual  means  of  importing  the  said  articles  of 
canvass  and  powder;  that  of  the  former,  7,500  pieces  will  be 
wanted,  and  that  of  the  latter,  one  hundred  tons. 

Resolved,  That  a  committee  be  appointed  with  full  powers 
to  carry  the  said  report  into  execution,  with  all  possible  expe- 
dition, (except  what  relates  to  canvass  and  powder,)  at  the  ex- 
pense of  the  United  Colonies. 

Resolved,  That  the  committee  for  fitting  out  armed  vessels,    tn  congress, 
issue  warrants  to  all  officers  employed  in  the  fleet  under  the  Dcc-  22'  1775t 
rank  of  third  lieutenants. 

Resolved,  That  the  said  committee  be  directed  (as  a  secret 
committee)  to  give  such  instructions  to  the  commander  of  the 
fleet,  touching  the  operations  of  the  ships  under  his  .command, 
as  shall  appear  to  the  said  committee  most  conducive  to  the  de- 
fence of  the  United  Colonies,  and  to  the  distress  of  the  enemy's 
naval  forces  and  vessels  bringing  supplies  to  their  fleets  and 
armies,  and  lay  such  instructions  before  the  Congress  when 
called  for. 

The  committee,  to  whom  it  was  referred  to  consider  how  the    Jn  Conffress 
share  of  prizes  allotted  to  the  captors  ought  to  be  divided  be-  January  6,  me 
tween  the  officers  and  men,  brought  in  their  report;  which,  be- 
ing taken  into  consideration,  was  agreed  to  as  follows : 


20 

Distribution    of     Resolved,  That  the  commander-in-chief  have  one-twentieth 
pnze  money.      part  o^  ^e  ^-^  allotted  prize  money,  taken  by  any  ship  or  ships, 
armed  vessel  or  vessels,  under  his  orders  and  command. 

That  the  captain  of  any  single  ship,  or  armed  vessel,  have 
two- twentieth  parts  for  his  share,  but  if  more  ships  or  armed 
vessels  be  in  company,  when  a  prize  is  taken,  then  the  two- 
twentieth  parts  to  be  divided  amongst  all  the  said  captains. 

That  the  captains  of  marines,  lieutenants  of  the  ships  or 
armed  vessels,  and  masters  thereof,  share  together,  and  have 
three-twentieth  parts  divided  among  them  equally,  of  all  prizes 
taken  when  they  are  in  company. 

That  the  lieutenants  of  marines,  surgeons,  chaplains,  pur- 
sers, boatswains,  gunners,  carpenters,  the  master's  mates, 
and  the  secretary  of  the  fleet,  share  together,  and  have  two- 
twentieth  parts  and  one-half  of  a  twentieth  part,  divided  among 
them  equally,  of  all  prizes  taken  when  they  are  in  company. 

That  the  following  petty  warrant,  and  petty  officers,  viz : 
(allowing  for  each  ship  six  midshipmen,  for  each  brig  four 
midshipmen,  and  each  sloop  two  midshipmen,  one  captain's 
clerk,  one  surgeon's  mate,  one  steward,  one  sailmaker,  one 
cooper,  one  armorer,  two  boatswain's  mates,  two  gunner's 
mates,  two  carpenter's  mates,  one  cook,  one  cockswain,  two 
sergeants  of  marines  for  each  ship,  and  one  sergeant  for  each 
brig  and  sloop)  have  three-twentieth  parts  divided  among  them, 
equally ;  and  when  a  prize  is  taken  by  any  ship  or  vessel,  on 
board  or  in  company  of  which  the  commander-in-chief  is,  then 
the  commander-in-chief's  cook  or  cockswain  to  be  added  to  this 
allotment,  and  have  their  shares  with  these  last  mentioned. 

That  the  remaining  eight-twentieth  parts  and  one-half  of 
the  twentieth  part,  be  divided  among  the  rest  of  the  ship  or 
ship's  companies,  as  it  may  happen,  share  and  share  alike. 

That  no  officer  or  man  have  any  share,  but  such  as  are  ac- 
tually on  board  their  several  vessels  when  any  prize  or  prizes 
are  taken,  excepting  only  such  as  may  have  been  ordered  on 
board  any  other  prizes  before  taken,  or  sent  away  by  his  or  their 
commanding  officers. 

in  congress,        Resolved,  That  the  direction  of  the  fleet  fitted  out  by  order 
January  25, 1776.  of  Congress  be  left  to  the  naval  committee. 

in  congress,        Resolved,  That  the  inhabitants  of  these  colonies  be  permit- 
March  23,  1776.  tec|  to  £t  Qut  arme(j  vessels  to  cruise  on  the  enemies  of  these 

United  Colonies. 

in  congress,        The  committee  appointed  to  prepare  the  form  of  a  commis- 
Aprii2, 1776.    sion,  and  instructions  to  commanders  of  private  ships  of  war, 
brought  in  the  same,  which  were  read. 

The  commission  being  agreed  to,  is  as  follows : 

The  delegates  of  the  United  Colonies  of  New  Hampshire,  &c. 
Pormofcommis- to  all  to  v/hom  these  presents  shall  come,  greeting:  Know  ye, 
that  we  have  granted,  and  by  these  presents  do  grant,  license 
and  authority  to ,  mariner,  commander  of  the ,  call- 
ed   ,  of  the  burden  of tons,  or  thereabouts,  be- 
longing to of ,  in  the  colony  of 


21 

ing carriage  guns,  and  navigated  by men,  to  fit 

out  and  set  forth  the  said ,  in  a  warlike  manner,  and  by 

and  with  the  said and  crew  thereof,  by  force  of  arms  to 

attack,  seize,  and  take  the  ships  and  other  vessels  belonging  to 
the  inhabitants  of  Great  Britain,  or  any  of  them,  with  their  tac- 
kle, apparel,  furniture,  and  lading,  on  the  high  seas,  or  between 
high  and  low  water  marks,  and  to  bring  the  same  to  some  conve- 
nient ports  in  the  said  colonies,  in  order  that  the  courts,  which 
are  or  shall  be  there  appointed  to  hear  and  determine  causes, 
civil  and  maritime,  may  proceed  in  due  form  to  condemn  the 

said  captures,  if  they  *be  adjudged  lawful  prize ;  the  said '• 

having  given  bond,  with  sufficient  sureties,  that  nothing  be 

done  by  the  said  ,  or  any  of  the  officers,  mariners,  or 

company  thereof,  contrary  to,  or  inconsistent  with,  the  usages 
and  customs  of  nations,  and  the  instructions,  a  copy  of  which 
is  herewith  delivered  to  him.  And  we  will  and  require  all  our 
officers  whatsoever,  to  give  succor  and  assistance  to  the  said  — 

in  the  premises.     This  commission  will  continue  in  force 

until  the  Congress  shall  issue  orders  to  the  contrary. 
By  order  of  Congress: 

Attest .  ,  President. 

Resolved,  That  blank  commissions  for  private  ships  of  war,  in 
and  letters  of  marque  and  reprisal,  signed  by  the  President, 
sent  to  the  general  assemblies,  conventions,  and  councils, 
committees  of  safety,  of  the  United  Colonies,  to  be  by  them  etc 
filled  up  and  delivered  to  the  persons  intending  to  fit  out  such 
private  ships  of  war,  for  making  captures  of  British  vessels  and 
cargoes,  who  shall  apply  for  the  same,  and  execute  the  bonds 
which  shall  be  sent  with  the  said  commissions,  which  bonds 
shall  be  returned  to  the  Congress. 

Resolved,  That  every  person  intending  to  set  forth  and  fit  Applications  for 
out  a  private  ship  or  vessel  of  war,  and  applying  for  a  commis- 
sion  or  letter  of  marque  and  reprisal  for  that  purpose,  shall  pro- 
duce a  writing  subscribed  by  him,  containing  the  name  and 
tonnage  or  burden  of  the  ship  or  vessel,  the  number  of  her 
guns,  with  their  weight  of  metal,  the  name  and  place  of  resi- 
dence of  the  owner  or  owners,  the  names  of  the  commander 
and  other  officers,  the  number  of  the  crew,  and  the  quantity  of 
provisions  and  warlike  stores ;  which  writing  shall  be  delivered 
to 'the  secretary  of  Congress,  orto^the  clerk  of  the  House  of  Re- 
presentatives, convention,  or  council,  or  committee  of  safety,  of 
the  colony  in  which  the  ship  or  vessel  may  be,  to  be  transmit- 
ted to  the  said  secretary,  and  shall  be  registered  by  him ;  and 
that  the  commander  of  the  ship  or  vessel,  before  the  commission 
or  letter  of  marque  and  reprisal  may  be  granted,  shall,  together 
with  sureties,  seal  and  deliver  a  bond,  in  the  penalty  of  five  Bond,  etc. 
thousand  dollars,  if  the  vessel  be  of  one  hundred  tons  or  under, 
or  ten  thousand  dollars,  if  of  a  greater  burden,  payable  to  the 
President  of  the  Congress,  in  trust,  for  the  use  of  the  United 
Colonies,  with  condition  in  the  form  following,  to  wit :  "  The 
condition  of  this  obligation  is  such,  that  if  the  above  boundeiL 


22     • 

'  wno  *s  coramander  of  the called  ,  be- 
longing to ,  of ,  in  the  colony  of ,  mount- 
ing   carriage  guns,  and  navigated  by men,  and 

who  hath  applied  for  a  commission,  and  letters  of  marque  and 

reprisal,  to  arm,  equip,  and  set  forth  to  sea  the  said -,  as  a 

private  ship  of  war,  and  to  make  captures  of  British  vessels  and 
cargoes,  shall  not  exceed  or  transgress  the  powers  and  authori- 
ties which  shall  be  contained  in  the  said  commission,  but  shall, 
in  all  things,  observe  and  conduct  himself  and  govern  his  crew, 
by  and  according  to  the  same,  and  certain  instructions  there- 
with to  be  delivered,  and  such  other  instructions  as  may  hereaf- 
ter be  given  to  him ;  and  shall  make  reparation  for  all  damages 
sustained  by  any  misconduct  or  unwarrantable  proceedings  of 
himself,  or  the  officers  or  crew  of  the  said ,  then  this  ob- 
ligation shall  be  void,  or  else  remain  in  force :"  which  bond  shall 
be  lodged  with  the  said  secretary  of  Congress. 

in  congres*,        Resolved,  That  the  marine  committee  be  empowered  to  af- 
junee,  1776.    gx  fae  names  to  eajch  particular  ship,  and  determine  the  vessel 

which  each  captain  is  to  take  command  of. 

in  congress,        Resolved,  That  the  marine  committee  be  directed  to  order 
Augusts,  1776.  the  ships  and  armed  vessels,  belonging  to  the  continent,  out  on 
such  cruises  as  they  shall  think  proper. 

Resolved,  That  the  marine  committee  be  authorized  and  em- 
powered  to  purchase  materials  in  all  such  parts  of  America,  as 
they  may  think  proper,  for  building  more  ships  of  war,  and  that 
the  said  committee  report  to  Congress  a  plan  of  the  ships  that 
should  be  built  in  addition  to  the  present  navy. 

in  congress,        Resolved,  That  the  rank  of  officers  of  marines  be  the  same  as 

October  so,  1776.  officers  of  similar  commissions  in  the  land  service : 

Rank,  etc.,  of  of-      That  the  commanders,  officers,  seamen,  and  marines,  in  the 

^rss'etc-'ofma' continental  navy,  be   entitled  to  one-half  of  merchantmen, 

transports,  and  store-ships,  by  them  taken,  from  and  after  the 

first  day  of  November,  1776,  to  be  divided  amongst  them  in  the 

shares  and  proportions  fixed  by  former  resolutions  of  Congress: 

That  the  commanders,  officers,  seamen,  and  marines,  in  the 

continental  navy,  be  entitled  to  the  whole  value  of  all  ships 

and  vessels  of  war  belonging  to  the  crown  of  Great  Britain, 

by  them  made  prize  of,  and  all  privateers  authorized  by  his 

Britannic  majesty  to  war  against  these  States,  to  be  divided  as 

aforesaid. 

in  congress,        Congress  took  into  consideration  the  report  of  the  committee 
NOV.  15,      .   rejatjve  to  {ne  navy :  whereupon, 

Bounty  for  c.>p-      Resolved,  That  a  bounty  of  twenty  dollars  be  paid  to  the 
turei.  commanders,  officers,  and  men,  of  such  continental  ships  or 

vessels  of  war,  as  shall  make  prize  of  any  British  ships  or  ves- 
sels of  war,  for  every  cannon  mounted  on  board  each  prize  at 
the  time  of  such  capture ;  and  eight  dollars  per  head,  for  every 
mai>  then  on  board,  and  belonging  to  such  prize : 
Relative  rank  of     That  the  rank  of  the  naval  officers  be,  to  the  rank  of  officers 

officers.81"1   land  *n  tn°  lan(*  service?  as  follows  : 

Admiral        -  -  as  a     -     General, 


23 


Lieutenant  General, 
Major  General, 
Brigadier  General, 

Colonel, 
Lieutenant  Colonel^ 

Major, 
Captain. 


Vice  Admiral  as  a 

Rear  Admiral  " 

Commodore  " 

Captain  of  a  ship  of  40  guns  7 
and  upwards  3" 

Captain  of  a  ship  of  20  to  40 

guns 

Captain  of  a  ship  of  10  to  20 

guns 

Lieutenant  in  the  Navy 

Resolved,  That  the  pay  and  subsistence  of  surgeons  in  the 
navy,  be  equal  to  the  pay  and  subsistence  of  the  lieutenants  of 
the  vessels  to  which  they  shall  respectively  belong. 

Resolved,  That  the  management  of  all  business  relating  to 
the  marine  of  these  United  States  be  vested  in  commissioners. 

Resolved,  That  the  marine  committee  be,  and  they  hereby 
are,  directed  forthwith  to  cause  the  crews  of  vessels  captured 
from  the  enemy  to  be  confined  on  board  prison  ships,  and  sup- 
plied and  treated,  in  all  respects,  in  the  same  manner  as  the 
crews  of  vessels  belonging  to  these  United  States,  and  captured 
by  the  enemy,  are  supplied  and  treated. 

Congress  took  into  consideration  the  report  of  the  marine 
committee,  respecting  the  navy  department :  whereupon, 

Resolved,  That  a  board  of  admiralty  be  established,  to  su- 
perintend the  naval  and  marine  affairs  of  these  United  States, 
to  consist  of  three  commissioners,  not  members  of  Congress, 
and  two  members  of  Congress,  any  three  of  whom  to  form  a 
board  for  the  despatch  of  business;  to  be  subject,  in  all  cases,  to 
the  control  of  Congress  : 

That  there  shall  not  be  more  than  one  member  of  the  said 
board,  at  any  time,  belonging  to  the  same  State: 

That  there  shall  be  a  secretary  to  the  said  board,  to  be  ap- 
pointed by  Congress  : 

That  the  board  have  power  to  appoint  a  clerk  to  assist  them 
in  the  execution  of  the  business  of  the  department : 

That  the  said  board  of  admiralty  be,  and  they  are  hereby  au- 
thorized, empowered,  and  directed,  to  form  proper  plans  for  in- 
creasing the  naval  force  of  the  United  States,  and  for  the  better 
regulating  the  same,  and  lay  them  before  Congress  : 

That  they  have  the  ordering  and  directing  the  destination  of 
all  ships  and  vessels  of  war;  that  they  superintend  and  direct 
such  navy  boards  as  are  now  established,  or  may  at  any  time 
hereafter  be  established  by  Congress ;  cause  fair  entries  to  be 
made,  and  proper  accounts  kept,  of  all  business  transacted  by 
them ;  examine  the  accounts  of  the  several  navy  boards,  and 
all  agents  and  other  persons  who  have  transacted,  or  may  trans- 
act, any  business  relative  to  the  marine  department,  where  such 
accounts  have  not  been  finally  settled ;  report  the  same  to  Con- 
gress, and  make  proper  entries  in  their  books,  so  that  the  whole 
matters  may  be  comprehended  in  one  view ;  keep  an  alphabeti- 
cal and  accurate  register  of  the  names  of  all  officers  of  the  navy 


In  Congress, 
Nov.  15, 1776. 


In  Congress. 
July  16, 1777. 


In  Congress, 
June  9, 1779. 

In  Congress, 
July  15, 1779. 


In  Congress. 
Oct.  28, 1779. 


24 


In  Congress, 
Oct.  28,  1779. 


In  Congress, 
Nov.  16, 1779. 


In  Congress, 
Dec.  8, 1779. 


In  Congress, 
January  8, 1780. 


In  Congress, 
April  20, 1780. 


Form  of  commis- 
sion for  naval  of- 
ficers. 


in  the  service  of  the  United  States,  with  their  rank  and  the  date 
of  their  commissions,  which  commissions  shall  be  signed  by  the 
president  of  Congress,  and  countersigned  by  the  secretary  of 
the  said  board  of  admiralty  ;  publish,  annually,  a  register  of  all 
appointments;  obtain  regular  and  exact  returns  of  all  warlike 
stores,  clothing,  provisions,  and  all  other  necessaiy  articles,  be- 
longing to  the  marine  department ;  take  the  care  and  direction 
of  all  marine  prisoners ;  execute  all  such  matters  as  shall  be  di- 
rected, and  give  their  opinion  on  all  such  subjects  as  shall  be 
referred  to  them  by  Congress,  or  as  they  may  think  necessary 
for  the  better  regulation  and  improvement  of  the  navy  of  the 
United  States ;  and,  in  general,  to  superintend  and  direct  all 
the  branches  of  the  marine  department  : 

That  the  said  board  shall  sit  in  the  place  where  Congress 
shall  be  held,  and  no  member  of  the  board  shall  absent  himself, 
without  leave  of  Congress,  or  the  committee  of  the  States,  in 
the  recess  of  Congress  : 

That  all  the  proceedings  of  the  said  board  shall  be  inspected 
by  Congress,  or  a  committee  by  them  appointed  for  that  pur- 
pose, as  often  as  may  be  thought  proper  and  convenient ;  and 
every  member  of  Congress  may  have  free  access  to  the  records 
and  papers  of  the  said  board,  excepting  such  as  are  in  their  na- 
ture secret: 

That  all  navy  and  marine  officers,  arid  others,  attending  upon, 
or  connected  with;  the  admiralty  department,  be,  and  they  are 
hereby,  required  and  enjoined,  to  observe  the  directions  of  the 
said  board,  in  all  such  other  matters  as  they  may  be  directed,  or 
may  tend,  to  facilitate  the  business  of  the  department. 

Resolved,  That  the  salary  of  each  of  the  three  commission- 
ers, who  shall  conduct  the  business  of  the  board  of  admiralty, 
be  fourteen  thousand  dollars  per  annum,  and  the  salary  of  the 
secretary  of  the  said  board,  be  ten  thousand  dollars  per  annum; 
said  salaries  to  be  annually,  or  oftener,  if  Congress  shall  judge 
it  expedient,  revised  and  altered,  agreeably  to  the  appreciation 
of  the  continental  currency. 

That  the  marine  committee  be  authorized,  from  time  to  time, 
to  appoint  advocates  for  the  purpose  of  taking  care  of,  and  man- 
aging, the  maritime  causes  in  which  the  United  States  are,  or 
may  be,  concerned. 

Resolved,  That  all  matters  heretofore  referred  to  the  marine 
committee,  be  transmitted  to  the  board  of  admiralty. 

Resolved,  That  the  marines  of  the  navy  of  the  United  States, 
whilst  doing  garrison  duty,  be  allowed  the  same  subsistence  mo- 
neys as  are  allowed  to  the  officers  and  soldiers  of  the  line  of  the 
army. 

The  board  of  admiralty  reported  the  form  of  a  commission 
for  the  naval  officers  in  the  employ  of  the  United  States,  which 
was  agreed  to,  as  follows : 

The  United  States  of  America  in  Congress  assembled,  to  — 
,  greeting. 

We,  reposing  especial  trust  and  confidence  in  your  valor, 


25 

conduct,  and  fidelity,  do,  by  these  presents,  constitute  and  ap- 

point  you  to  be  —   in  the  navy  of  the  United  States,  to  take 

rank  from  the ;  you  are,  therefore,  carefully  and  dili- 
gently to  discharge  the  duty  of ,  by  doing  and  perform- 
ing all  manner  of  things  thereunto  belonging.  And  we  do 
strictly  charge  and  require  all  officers,  marines,  and  seamen  un- 
der your  command,  to  be  obedient  to  your  orders,  as . 

And  you  are  to  observe  and  follow  such  orders  and  directions, 
from  time  to  time,  as  you  shall  receive  from  Congress,  a  com- 
mittee of  the  States,  the  board  of  admiralty,  the  commander- 
in-chief,  for  the  time  being,  of  the  navy  of  the  United  States, 
or  any  other,  your  superior,  officer,  according  to  the  rules  and 
discipline  of  the  navy  and  the  usage  of  the  sea.  This  commis- 
sion to  continue  in  force  until  revoked  by  Congress,  or  a  com- 
mittee of  the  States. 

Witness ,  president  of  the  Congress  of  the  United 

States  of  America,  at ,  the day  of ,  in  the 

year  of  our  Lord ,  and  in  the year  of  our  in- 
dependence. 

Entered  in  the  admiralty  office,  and  examined  by  the  board. 

Attest ,  Secretary  of  the  Board  of  Admiralty. 

A  report  from  the  board  of  admiralty  was  read  :  whereupon,    in  congress, 

Resolved,  That  any  officer  who,  by  virtue  of  his  commission,  August  7)  im 
or  warrant,  hath  served,  or  hereafter  shall  serve,  on  board  any 
ship  of  war,  of  twenty  guns  and  upwards,  belonging  to  the  navy 
of  these  States,  and  shall  thereafter  serve  in  the  same  rank  on 
board  any  other  vessel  of  inferior  force,  such  officer  shall  receive 
the  same  pay  as  he  was  entitled  to  when  serving  in  a  ship  of 
twenty  guns  and  upwards ;  any  resolution  to  the  contrary  not- 
withstanding. 

Resolved,  That  there  be  a  Superintendent  of  Finance,  a  Se-    in  congress, 
cretary  of  War,  and  a  Secretary  of  Marine.  uary7,n8i. 

Resolved,  That  it  shall  be  the  duty  of  the  Secretary  of  Ma- 
rine to  examine  into,  and  report  to  Congress,  the  present  state 
of  the  navy,  a  register  of  the  officers,  in  and  out  of  command, 
and  the  dates  of  their  respective  commissions;  and  an  account 
of  all  the  naval  and  other  stores  belonging  to  the  department ; 
to  form  estimates  of  all  pay,  equipments,  and  supplies,  neces- 
sary for  the  navy ;  and,  from  time  to  time,  to  report  such  esti- 
mates to  the  Superintendent  of  Finance,  that  he  may  take  mea- 
sures for  providing  for  the  expenses,  in  such  manner  as  may  best 
suit  the  condition  of  the  public  treasury ;  to  superintend  and 
direct  the  execution  of  all  resolutions  of  Congress  respecting  na- 
val preparations;  to  make  out,  seal,  and  countersign,  all  ma- 
rine commissions,  keep  registers  thereof,  and  publish  annually 
a  list  of  all  appointments;  to  report  to  Congress  the  officers  and 
agents  necessary  to  assist  him  in  the  business  of  his  department; 
and,  in  general,  to  execute  all  the  duties  and  powers  specified 
in  the  act  of  Congress  constituting  the  board  of  admiralty. 

Resolved,  That  the  care  of  the  marine  prisoners,  heretofore    Jn  congress, 
entrusted  to  the  board  of  admiralty,  be  transferred  to  the  com-    July  18> 1781- 


26 

missary  °f  prisoners,  under  the  superintendence  of  the  board  of 
war. 

That  the  seal  of  the  admiralty  be  deposited  with  the  secre- 
tary of  Congress ;  and  that  he  seal  and  countersign  the  like 
commissions  as  have  heretofore  been  issued  by  the  board  of  ad- 
miralty, by  order  of  Congress,  until  a  Secretary  of  Marine  shall 
be  appointed. 

in  congress,        On  a  report  of  a  committee,  consisting  of  Mr.  Bland,  Mr. 
August  29,  1781.  Varnum,  Mr.  Duane,  to  whom  were  referred  sundry  motions 
relative  to  the  board  of  admiralty,  the  navy  boards,  and  the  mode 
of  conducting  the  business  of  the  navy : 

Resolved,  That,  for  the  present,  an  agent  of  the  marine  be 
appointed,  with  authority  to  direct,  fit  out,  equip,  and  employ, 
the  ships  and  vessels  belonging  to  the  United  States,  according 
to  such  instructions  as  he  shall,  from  time  to  time,  receive  from 
Congress : 

That  all  prizes  belonging  to  the  United  States  be  sold  un- 
der his  direction,  and  the  produce  deposited  by  him  in  the  hands 
of  the  Superintendent  of  Finance : 

That  all  accounts  and  demands  for  pay,  and  for  all  disburse- 
ments and  expenses,  respecting  the  said  marine,  be  transmitted 
to  the  said  agent  for  settlement  and  payment ;  and  that  he 
cause  regular  entries  thereof  to  be  made  and  kept : 

That  he  shall  be  allowed  a  salary  at  the  rate  of  fifteen  hun- 
dred dollars  per  annum,  in  full  of  all  charges  and  expenses 
whatsoever ;  that  he  shall  also  be  allowed  a  clerk,  who  shall 
receive,  for  his  services,  a  salary  at  the  rate  of  five  hundred  dol- 
lars per  annum : 

That  both  the  agent  and  clerk  shall,  before  they  enter  into 
their  respective  offices,  take  an  oath  before  the  President  of 
Congress,  well  and  faithfully  to  execute  the  trust  reposed  in 
them,  according  to  the  best  of  their  skill  and  judgment;  and 
shall  enter  into  bond,  with  good  and  sufficient  surety,  for  the 
due  and  faithful  performance  of  his  office,  which  shall  be 
lodged  in  the  office  of  the  secretary  of  Congress : 

That,  as  soon  as  the  said  agent  shall  enter  into  the  execution 
of  his  office,  the  functions  and  appointments  of  the  board  of  ad- 
miralty, the  several  navy  boards,  and  all  civil  officers  appointed 
under  them,  shall  cease  and  be  determined. 

And,  lastly,  that  the  registers,  books,  and  papers,  belonging 
to  the  admiralty  and  navy  boards,  or  in  their  custody,  shall  be 
delivered  over  to  the  said  agent,  and  preserved  by  him. 
in  congress,        Resolved,  That,  until  an  agent  of  marine  shall  be  appointed 
1   by  Congress,  all  the  duties,  powers,  and  authority,  assigned  to 
the  said  agent,  be  devolved  upon,  and  executed  by,  the  Super- 
intendent of  Finance : 

That  as  soon  as  the  said  superintendent  shall  take  upon  him 
the  execution  of  the  duties,  powers,  and  authority,  hereby  de- 
volved upon  him,  the  functions  and  appointments  of  the  board 
of  admiralty,  the  several  navy  boards,  agents,  and  all  civil  officers 
under  them,  shall  cease  and  determine. 


27 


Resolved,  That  the  registers,  books,  and  papers,  belonging 
to  the  admiralty  and  navy  boards,  or  in  their  custody,  be  deliv- 
ered over  to  the  said  Superintendent  of  Finance,  and  preserved 
by  him. 

On  a  report  of  a  committee,  consisting  of  Mr.  Connell,  Mr. 
Randolph,  and  Mr.  Carroll,  to  whom  was  referred  a  letter  of 
the  17th  of  November  last,  from  the  Superintendent  of  Finance : 

Resolved,  That  the  powers  vested  by  the  resolutions  of  the 
8th  of  Februaiy,  1780,  in  the  board  of  admiralty,  and  navy 
board,  respectively,  in  case  of  the  loss  of  any  ship  or  vessel  of 
war,  in  the  service  of  the  United  States,  be  vested  in  the  Secre- 
tary of  Marine  ;  or  until  he  be  appointed  and  enter  upon  the  ex- 
ecution of  his  office,  in  the  agent  of  marine ;  except  that  nei- 
ther the  secretary  nor  agent  of  marine  shall  be  authorized  to  sit 
in  any  court  of  inquiry. 

Resolved^  That  it  shall  be  the  duty  of  the  secretary  or  agent 
of  marine  to  transmit  to  the  United  States  in  Congress  assem- 
bled, the  proceedings  of  courts  martial,  previous  to  the  execu- 
tion of  any  capital  sentence  which  may  be  awarded. 

Resolved^  That  the  powers  and  duties  hereby  assigned  to  the 
secretary  or  agent  of  marine,  be  assigned  to  the  Superintendent 
of  Finance,  to  be  exercised  by  him,  until  such  secretary  or  agent 
of  marine  shall  be  appointed. 

Resolved^  That  the  power  of  negotiating  the  exchange  of 
marine  prisoners  be  henceforth  vested  in  the  agent  of  marine, 
who  is  hereby  authorized  to  appoint  a  commissary  for  marine 
prisoners,  to  be  subject  to  his  orders  and  instructions. 

On  the  report  of  a  committee,  consisting  of  Mr.  Fitzsim- 
mons,  Mr.  Peters,  and  Mr.  Hoi  ten,  to  whom  was  recommitted 
their  report,  on  a  motion  of  Mr.  Holten,  respecting  bonds  given 
by  comnianders  of  private  armed  vessels : 

Resolved)  That  the  agent  of  marine,  for  the  time  being,  be, 
and  he  is  hereby,  authorized  and  directed,  whensoever  com- 
plaints are  exhibited  of  public  abuses  or  private  injuries  com- 
mitted by  the  captains  or  commanders  of  any  privateers,  or 
armed  vessels,  sailing  under  the  authority  of  the  United  States, 
to  cause  such  legal  measures  for  obtaining  redress,  by  means  of 
the  bonds  given  on  taking  out  commissions,  for  such  privateers 
or  armed  vessels,  for  any  abuses  or  injuries  contrary  to  their  in- 
structions; or  in  violation  of  the  maritime  ordinances  of  the 
United  States,  or  the  laws  and  customs  of  nations,  as  to  justice 
appertains ;  all  prosecutions  for  private  injuries,  upon  said  bonds, 
to  be  at  the  risk  and  expense  of  the  complainants,  or  the  per- 
sons said  to  be  aggrieved. 

The  agent  of  marine,  to  whom  was  referred  a  resolution  of 
the  House  of  Delegates,  of  the  State  of  Virginia,  of  26th  of 
June,  1783,  reported : 

That  although  it  is  an  object  highly  desirable  to  establish  a 
respectable  marine,  yet  the  situation  of  the  public  treasury  ren- 
ders it  not  advisable  to  purchase  ships  for  the  present,  nor  until 
the  several  States  shall  grant  such  funds  for  the  -construction  of 


In  Congress, 
Sept.  7, 1781. 


In  Congress. 
Nov.  20, 1781. 


In  Congress, 
July  24, 1782. 


In  Congress, 
June  2, 1783. 


In  Congress, 
August  5, 1783. 


28 
ships,  docks,  and  naval  arsenals,  and  for  the  support  of  the  na- 

I*      *     y'.  in  t    i  i  r-r      •          i      ti  **  1.11 

val  service,  as  shall  enable  the  United  States  to  establish  their 
marine  upon  a  permanent  and  respectable  footing. 

Resolved,  That  Congress  agree  to  the  report. 

ress  Resolved,  That  the  commissioner  of  marine  accounts,  in  set- 
f  i?87.  tling  the  accounts  of  the  officers,  seamen,  and  marines,  of  the 
late  navy  of  the  United  States,  govern  himself  by  the  principles 
established  for  the  line  of  the  army,  by  the  act  of  Congress  of 
the  10th  of  April,  1780,*  so  far  as  the  same  relates  to  the  al- 
lowance for  depreciation  ;  provide d,  that  no  officer,  seaman,  or 
marine,  be  entitled  to  the  benefit  of  this  resolve,  who  was  not 
in  service,  or  liable  to  be  called  into  service,  on  the  10th  of 
April,  1780. 


*  Resolved,  That  when  Congress  shall  be  furnished  with  proper  documents  to 
In  Congress,  liquidate  the  depreciation  of  the  continental  bills  of  credit,  they  will,  as  soon 
April  10, 1780.  thereafter  as  the  state  of  the  public  finances  will  admit,  make  good  to  the  line  of 
the  army,  and  the  independent  corps  thereof,  the  deficiency  of  their  original  pay 
occasioned  by  such  depreciation ;  and  that  the  money  and  articles  heretofore  paid 
or  furnished,  or  hereafter  to  be  paid  or  furnished,  by  Congress  or  the  States,  or 
any  of  them,  as  for  pay,  subsistence,  or  to  "compensate  for  deficiencies,1  shall  be 
deemed  as  advanced  on  account,  until  such  liquidation  as  aforesaid  shall  be  ad- 
justed ;  it  being  the  determination  of  Congress,  that  all  the  troops  serving  in  the 
continental  army  shall  be  placed  on  an  equal  footing :  provided,  that  no  person 
shall  have  any  benefit  of  this  resolution,  except  such  as  were  engaged  during  the 
war,  or  for  three  years,  and  are  now  in  service,  or  shall  hereafter  engage 
during  the  war. 


LAWS   OP    CONGRESS, 

IN    RELATION    TO    THE 

NAVY  AND  MARINE  CORPS. 


AN  ACT  to  regulate  the  time  and  manner  of  administering  certain  oaths.      1 


SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre-  Form  of  oath  to 
sentatives  of  the  United  States  of  America  in  Congress  as-  SEJS,*6  Con" 
senibled,  That  the  oath  or  affirmation  required  by  the  sixth  arti- 
cle of  the  Constitution  of  the  United  States  shall  be  administered 
in  the  form  following,  to  wit,-"  I,  A.  B.  do  solemnly  swear  or 
affirm  (as  the  case  may  be)  that  I  will  support  the  Constitution 
of  the  United  States." 

SEC.  4.  And  be  it  further  enacted.  That  all  officers  appoint-  Toail  officers  of 
ed,  or  hereafter  to  be  appointed,  under  the  authority  of  the  Uni-  the  united  states 

i     ii     t     ~  i  •        i      •  •  rv  t       appointed  or  to  be 

ted  otates,  shall,  before  they  act  in  their  respective  offices,  take  appointed, before 
the  same  oath  or  affirmation,  which  shall  be  administered  by  they  act< 
the  person  or  persons  who  shall  be  authorized  by  law  to  admi- 
nister to  such  officers  their  respective  oaths  of  office ;  and  such 
officers  shall  incur  the  same  penalties  in  case  of  failure,  as  shall 
be  imposed  by  law  in  case  of  failure  in  taking  their  respective 
oaths  of  office. 

APPROVED,  June  1,  1789. 


AN  ACT  to  establish  an  executive  department,  to  be  denominated  the  depart- 
ment of  war. 

SEC.  1.  Be  it  enacted,  fyc.,  That  there  shall  be  an  execu-  secretary  for  the 
tive  department,  to  be  denominated  the  Department  of  War ;  J^5SeJJt  of 
and  that  there  shall  be  a  principal  officer  therein,  to  be  called 
the  Secretary  for  the  Department  of  War,  who  shall  perform 
and  execute  such  duties  as  shall  from  time  to  time  be  enjoined 
on,  or  entrusted  to,  him  by  the  President  of  the  United  States, 
agreeably  to  the  Constitution,  relative  to  military  commissions, 
or  to  the  land  or  naval  forces,  ships,  or  warlike  stores  of  the 
United  States,  or  to  such  other  matters  respecting  military  or 
naval  affairs,  as  the  President  of  the  United  States  shail  assign 
to  the  said  department,  or  relative  to  the  granting  of  lands  to 
persons  entitled  thereto,  for  military  services  rendered  to  the 
United  States,  or  relative  to  Indian  affairs :  And  furthermore, 
that  the  said  principal  officer  shall  conduct  the  business  of  the 


30 

1789.      said  department  in  such  manner  as  the  President  of  the  United 
~~  States  shall  from  time  to  time  order  or  instruct. 
APPROVED,  August  7,  1789. 

[So  much  of  this  act  as  vests  in  the  Secretary  of  War  the  direction  of  naval 
affairs,  repealed  by  act  of  April  30,  1798,  establishing  a  Navy  Department.] 


AN  ACT  making  an  alteration  in  the  flag  of  the  United  States.* 
[Altered,  April  4,  1818.] 

Alteration  in  flag      Be  it  enacted,  <$*c.,  That  from  and  after  the  first  day  of  May, 

anno  Domini  one  thousand  seven  hundred  and  ninety-five,  the 

flag  of  the  United  States  he  fifteen  stripes,  alternate  red  and 

white.     That  the  Union  be  fifteen  stars,  white,  in  a  blue  field. 

APPROVED,  January  13,  1794. 


AN  ACT  to  prohibit  the  carrying  on  the  slave-trade  from  the  United  States 
to  any  foreign  place  or  country. 

siaye  trade  pro-  SEC.  1.  Be  it  enacted,  fyc..  That  no  citizen  or  citizens  of  • 
the  United  States,  or  foreigner,  or  any  other  person  coming  into, 
or  residing  within,  the  same,  shall,  for  himself  or  any  other  per- 
son whatsoever,  either  as  master,  factor,  or  owner,  build,  fit, 
equip,  load,  or  otherwise  prepare,  any  ship  or  vessel,  within 
any  port  or  place  of  the  said  United  States,  nor  shall  cause  any 
ship  or  vessel  to  sail  from  any  port  or  place  within  the  same, 
for  the  purpose  of  carrying  on  any  trade  or  traffic  in  slaves,  to 
any  foreign  country ;  or  for  the  purpose  of  procuring,  from  any 
foreign  kingdom,  place,  or  country,  the  inhabitants  of  such 
kingdom,  place,  or  country,  to  be  transported  to  any  foreign 
country,  port,  or  place,  whatever,  to  be  sold  or  disposed  of  as 

vessels  so  fitted,  slaves :  and  if  any  ship  or  vessel  shall  be  so  fitted'out,  as  afore- 

to  be  forfeited.          .  -,    f ',  .  ,    J  ,     „  ,  ,  ., 

said,  for  the  said  purposes,  or  shall  be  caused  to  sail,  so  as  afore- 
"  said,  every  such  ship  or  vessel,  her  tackle,  furniture,  apparel, 
and  other  appurtenances,  shall  be  forfeited  to  the  United  States ; 
and  shall  be  liable  to  be  seized,  prosecuted,  and  condemned,  in 
any  of  the  circuit  courts  or  district  court  for  the  district,  where 
the  said  ship  or  vessel  may  be  found  and  seized. 

SEC.  2.  That  all  and  every  person  so  building,  fitting  out, 
ouf,s°shaii  Sen  equipping,  loading,  or  otherwise  preparing,  or  sending  away, 
and  pay  $2,000.   any  s^]p  or  vessel,  knowing,  or  intending,  that  the  same  shall 
be  employed  in  such  trade  or  business,  contrary  to  the  true  in- 
tent and  meaning  of  this  act,  or  any  ways  aiding  or  abetting 
therein,  shall  severally  forfeit  and  pay  the  sum  of  two  thousand 
dollars ;  one  moiety  thereof  to  the  use  of  the  United  States,  and 
the  other  moiety  thereof  to  the  use  of  him  or  her  who  shall  sue 
for  and  prosecute  the  same. 

SEC.  3.  That  the  owner,  master,  or  factor,  of  each  and  every 
foreign  ship  or  vessel,  clearing  out  for  any  of  the  coast?  orking- 

*  In  Congress,  June  14,  1777.  Resolved,  That  the  Hag  of  the  thirteen  Uni- 
ted States  be  thirteen  stripes,  alternate  red  and  white  ;  that  the  union  be  thirteen 
stars,  white,  in  a  blue  field,  representing  a  new  constellation. 


31 

doms  of  Africa,  or  suspected  to  be  intended  for  the  slave  trade,       1794. 
and  the  suspicion  being  declared  to  the  officer  of  the  customs  Forefgn   vessels 

.  .  *  -,  ,      .     ,.  .        suspected    to  be 

by  any  citizen,  on  oath  or  affirmation,  and  such  information  intended  for  the 
being  to  the  satisfaction  of  the  said  officer,  shall  first  give  bond  ^bond"^'  to 
with  sufficient  sureties  to  the  Treasurer  of  the  United  States, 
that  none  of  the  natives  of  Africa,  or  any  other  foreign  country 
or  place,  shall  be  taken  on  board  the  said  ship  or  vessel,  to  be 
transported  or  sold  as  slaves  in  any  other  foreign  port  or  place 
whatever,  within  nine  months  thereafter. 

SEC.  4.  That  if  any  citizen  or  citizens  of  the  United  States  citizens  of  u.  s. 
shall,  contrary  to  the  true  intent  and  meaning  of  this  act,  takePaersons?nfor°the 
on  board,  receive,  or  transport  any  such  persons,  as  above  de-  ESs^lvSjm 
scribed  in  this  act,  for  the  purpose  of  selling  them  as  slaves,  asfprfei»  $2°°  for 
aforesaid,  he  or  they  shall  forfeit  and  pay,  for  each  and  every  ta 
person  so  received  on  board,  transported,  or  sold  as  aforesaid, 
the  sum  of  two  hundred  dollars,  to  be  recovered  in  any  court  of 
the  United  States  proper  to  try  the  same  ;  the  one  moiety  there- 
of to  the  use  of  the  United  States,  and  the  other  moiety  to  the 
use  of  such  person  or  persons  who  shall  sue  for  and  prosecute 
the  same. 

APPROVED,  March  22,  1794. 


AN  ACT  to  provide  a  naval  armament. 
[Obsolete.] 

Whereas,  the  depredations  committed  by  the  Algerine  cor- 
sairs on  the  commerce  of  the  United  States  render  it  necessary 
that  a  naval  force  should  be  provided  for  its  protection  : 

SEC.  1.  Be  it  therefore  enacted,  d'c.,  That  the  President  of  president  u.  s. 
the  United  States  be  authorized  to  provide,  by  purchase  oroth-  ^8^44  t0m 
crwise,  equip  and  employ,  four  ships  to  carry  forty-four  guns  and  two  ships  of 
each,  and  two  ships  to  carry  thirty-six  guns  each. 

Sec.  2.  And  be  if  further  enacted,  That  there  shall  be  em-  HOW  officered. 
ployed  on  board  each  of  the  said  ships  of  forty-four  guns,  one 
captain,  four  lieutenants,  one  lieutenant  of  marines,  one  chap- 
lain, one  surgeon,  and  two  surgeon's  mates ;  and  in  each  of  the 
ships  of  thirty-six  guns,  one  captain,  three  lieutenants,  one 
lieutenant  of  marines,  one  surgeon,  and  one  surgeon's  mate, 
who  shall  be  appointed  arid  commissioned  in  like  manner  as 
other  officers  of  the  United  States  are. 

SEC.  3.  And  be  it  further  enacted,  That  there  shall  be  em-  warrant  and 
ployed,  in  each  of  the  said  ships,  the  following  warrant-officers, 
who  shall  be  appointed  by  the  President  of  the  United  States, 
to  wit :  one  sailing-master,  one  purser,  one  boatswain,  one  gun- 
ner, one  sail-maker,  one  carpenter,  and  eight  midshipmen  ;  and 
the  following  petty  officers,  who  shall  be  appointed  by  the  cap- 
tains of  the  ships,  respectively,  in  which  they  are  to  be  employ- 
ed, viz  :  two  master's  mates,  one  captain's  clerk,  two  boat- 
swain's mates,  one  cockswain,  one  sail-maker's  mate,  two 
gunner's  mates,  one  yeoman  of  the  gun-room,  nine  quarter- 


32 

1T94.      gunners,  (and  for  the  four  larger  ships)  two  additional  quarter- 
~~  gunners,  two  carpenter's  mates,  one  armorer,  one  steward,  one 
cooper,  one  master-at-arms,  and  one  cook. 

SEC.  4.  And  be  it  further  enacted,  That  the  crews  of  each 
s-  °^  tne  sa^  sruPs  °f  forty-four  guns  shall  consist  of  one  hundred 
s  and  fifty  seamen,  one  hundred  and  three  midshipmen  and  or- 
dinary seamen,  one  sergeant,  one   corporal,  one  drum,  one 
fife,  and  fifty  marines:    And   that  the  crews  of  each  of  the 
said  ships  of  thirty-six  guns  shall  consist  of  one  hundred  and 
thirty  able  seamen  and  midshipmen,  ninety  ordinary  seamen, 
one  sergeant,  two  corporals,  one  drum,  one  fife,  and  forty  ma- 
rines, over  and  above  the  officers  herein  before  mentioned. 

SEC.  5.  And  be  it  further  enacted,  That  the  President  of 
a  tne  United  States  be,  and  he  is  hereby,  empowered  to  provide, 


force  not  exceed-  Dy  purchase  or  otherwise,  in  lieu  of  the  said  six  ships,  a  naval 

ing  that  directed     J    J  ,.          .        ,  7         .      ,         .         ,          ,.  \.   ' 

by  this  act.  force  not  exceeding  in  the  whole,  that  by  this  act  directed,  so 
that  no  ship  thus  provided,  shall  carry  less  than  thirty-two  guns  ;. 
or  he  may  so  provide  any  proportion  thereof,  which,  in  his  dis- 
cretion, he  may\  think  proper. 

Pay  and  subsist-  SEC.  6.  And  be  it  further  enacted,  That  the  pay  and  subsist- 
ence of  the  respective  commissioned  and  warrant  officers  be  as 
follows  :  A  captain,  seventy-five  dollars  pier  month,  and  six  ra- 
tions per  day  :  A  lieutenant,  forty  dollars  per  month,  and  three 
rations  per  day;  a  lieutenant  of  marines,  twenty-six  dollars  per 
month,  and  two  rations  per  day;  a  chaplain,  forty  dollars  per 
month,  and  two  rations  per  day;  a  sailing-master,  forty  dollars 
per  month,  and  two  rations  per  day  ;  a  surgeon,  fifty  dollars 
per  month,  and  two  rations  per  day  ;  a  surgeon's  mate,  thirty 
dollars  per  month,  and  two  rations  per  day  ;  a  purser,  forty  dol- 
lars per  month,  and  two  rations  per  day  ;  a  boatswain,  fourteen 
dollars  per  month,  and  two  rations  per  day  \  a  gunner,  fourteen 
dollars  per  month,  and  two  rations  per  day  ;  a  sail-maker,  four- 
teen dollars  per  month,  and  two  rations  per  day  ;  a  carpenter, 
fourteen  dollars  per  month,  and  two  rations  per  day. 

Pay  to  petty  of-      SEC.  7.  And  be  it  further  enacted,  That  the  pay  to  be  al- 

bjahe  President,  lowed  to  the  petty  officers,  midshipmen,  seamen,  ordinary  sea- 
men and  marines,  shall  be  fixed  by  the  President  of  the  United 
States  :  Provided,  That  the  whole  sum  to  be  given  for  the 

certain  sum.cd  *  whole  pay  aforesaid  shall  not  exceed  twenty-seven  thousand 
dollars  per  month,  and  that  each  of  the  said  persons  shall  be 
entitled  to  one  ration  per  day. 

component  parts  SEC.  8.  And  be  it  further  enacted,  That  the  ration  shall  con- 
sist of,  as  follows  :  Sunday,  one  pound  of  bread,  one  pound  and 
a  half  of  beef,  and  half  a  pint  of  rice  :  Monday,  one  pound  of 
bread,  one  pound  of  pork,  half  a  pint  of  peas  or  beans,  arid 
four  ounces  of  cheese  :  Tuesday,  one  pound  of  bread,  one 
pound  and  a  half  of  beef,  and  one  pound  of  potatoes  or  tur- 
nips, and  pudding  :  Wednesday,  one  pound  of  bread,  two 
ounces  of  butter,  or,  in  lieu  thereof,  six  ounces  of  molasses,  four 
ounces  of  cheese,  and  half  a  pint  of  rice:  Thursday,  one  pound 
of  bread,  one  pound  of  pork,  and  half  a  pint  of  peas  or  beans  i 


33 

Friday,  one  pound  of  bread,  one  pound  of  salt  fish,  two  ounces      1794. 
of  butter  or  one  gill  of  oil,  and  one  pound  of  potatoes :  Saturday,  ~~ 
one  pound  of  bread,  one  pound  of  pork,  half  a  pint  of  peas  or 
beans,  and  four  ounces  of  cheese.     And  there  shall  also  be  al- 
lowed, one-half  pint  of  distilled  spirits  per  day,  or,  in  lieu 
thereof,  one  quart  of  beer  per  day,  to  each  ration. 

SEC.  9.  Provided  always*  and  be  it  further  enacted.  That  if  when  proc 

i      n        t  i  i  «       TT    •       »  «  i    i       T-»       inSs    under    this 

a  peace  shall  take  place  between  the  United  States  and  the  Re-  act  simii  cease. 

gency  of  Algiers,  that  no  farther  proceeding  be  had  under  this 

act. 

APPROVED,  March  27,  1794. 


AN  ACT  to  authorize  the  President  of  the  United  States,  during  the  recess  of 
the  present  Congress,  to  cause  to  be  purchased  or  built,  a  number  of  vessels,  to 
be  equipped  as  galleys,  or  otherwise,  in  the  service  of  the  United  States. 

[  Obsolete.] 

SEC.  1.  Be  it  enacted,  $•<?.,  That,  the  President  of  the  Uni- 
ted States  be,  and  he  is  hereby,  authorized,  during  the  recess  of  causenotexceed- 
the  present  Congress,  if  the  same  shall  appear  to  him  to  be  ne- 1,"8*" 
cessary  for  the  protection  of  the  United  States,  to  cause  a  num- cnased- 
ber  of  vessels,  not  exceeding  ten,  to  be  built  or  purchased,  and 
to  be  fitted  out,  manned,  armed,  and  equipped,  as  galleys,  or 
otherwise,  in  the  service  of  the  United  States ;  the  officers  and 
men  to  be  on  the  same  pay,  and  to  receive  the  same  subsistence  Pfty  and  «*sfat- 

~.  -,  IT  -ii-i  ence    as   in    the 

as  omcers  or  the  same  rank  and  men  are  entitled  to  in  the  navy  navy, 
of  the  United  States. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  officers 
shall  be  appointed  and  commissioned  by  the  President  of  the 
United  States,  and  the  said  galleys  or  vessels  be  stationed  in to  be  Btotioned" 
such  parts  of  the  United  States  as  he  may  direct. 

SEC.  3.  And  be  it  further  enacted,  That  there  be  appropria-  Jj^0^11 
ted,  for  the   purpose  aforesaid,  the   sum  of  eighty  thousand  poses  of  this  act, 
dollars,  to  be  paid  out  of  the  proceeds  of  any  revenue  of  the 
United  States,  which  now  are,  or  hereafter,  during  the  present 
session,  shall  be,  provided,  not  being  otherwise  appropriated. 
And  that  the  President  of  the  United  States  be  authorized  to  ™y   teke    ^ 
take  on  loan,  of  the  Bank  of  the  United  States,  or  of  any  other  money  on  loan, 
body  politic  or  corporate^  person  or  persons,  the  said  sum  of 
eighty  thousand  dollars,  to  be  reimbursed,  principal  and  inter- 
est, out  of  the  said  proceeds  appropriated  as  aforesaid,  according 
to  such  contract  or  contracts,  which  shall  be  made  concerning 
the  same. 

APPROVED,  June  5,  1794. 

AN  ACT  supplementary  to  an  act,  entitled  "  An  act  to  provide  a  naval  arma- 
ment." 
[Obsolete.] 

SEC.  1.  Be  it  enacted,  $*c.,  That  the  President  of  the  Uni- President  author- 
ted  States  be  authorized  to  continue  the  construction  and  equip- 
3 


34 

1796.       merit  (with  all  convenient  expedition)  of  two  frigates  of  forty- 
equipment o~f  four,  and  one  of  thirty-six  guns ;  any  thing  in  the  act,  entitled 
three  frigates.      a  ^n  QCJ.  ^  p^yj^g  a  naval  armament,'7  to  the  contrary  not- 
withstanding. 

$688,888  82  ap-      SEC.  2.  And  be  it  furthe^  enacted,  That  so  much  of  the  sum 
propnated      re-  ^  s^  jlun(jre(j  an(j  eighty-eight  thousand  eight  hundred  and 
eighty-eight  dollars  and  eighty-two  cents,  which,  by  the  act  of 
June  the  ninth,  one  thousand  seven  hundred  and  ninety-four, 
was  appropriated  (to  defray  the  expenses  to  be  incurred  pursu- 
ant to  the  act  to  provide  a  naval  armament)  as  remains  unex- 
$80,000.  pended,  as  well  as  the  sum  of  eighty  thousand  dollars  which 

was  appropriated  for  a  provisional  equipment  of  gallies,  by  the 
before  recited  act,,  be  appropriated  for  the  said  purposes. 

SEC.  3.  And  be  it  further  enacted,  That  the  President  of  the 

United  States  be,  and  he  is  hereby  authorized,  to  cause  to  be 

certain  materials  sold,  such  part  of  the  perishable  materials  as  may  not  be  want- 

Sh^rs^be  pre-  ed  for  completing  the  three  frigates,  and  to  cause  the  surplus  of 

served.  ^g  other  materials  to  be  safely  kept  for  the  future  use  of  the 

United  States. 

APPROVED,  April  20,  1796. 


AN  ACT  providing  a  naval  armament. 
[Obsolete.] 


mm       em™?      ^EC*  ^*  ^e  ^  enacte^->  $*C">  That  the  President  of  the  United 
tSee  friga2;03  States  be,  and  he  is  hereby,  empowered,  should  he  deem  it  ex- 
pedient, to  cause  the  frigates   United  States,  Constitution  and 
Constellation,  to  be  manned  and  employed. 

SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  em- 

their     commis-  ployed  on  board  each  of  the  ships  of  forty-four  guns,  one  cap- 

sioned  officers.    tamj  four  lieutenants,  two  lieutenants  of  marines,  one  chaplain, 

one  surgeon,  and  two  surgeon's  mates  ;  and  in  the  ship  of  thirty- 

six  guns,  one  captain,  three  lieutenants,  one  lieutenant  of  ma- 

rines, one  surgeon,  and  one  surgeon's  mate. 

SEC.  3.  And  be  it  further  enacted,  That  there  shall  be  em- 

Wanam  officers,  pi  oyed^  in  each  of  the  said  ships,  the  following  warrant  officers, 

ly  the  fSdent.  who  shall  be  appointed  by  the  President  of  the  United  States, 

to  wit:  one  sailing-master,  one  purser,  one  boatswain,  one  gun- 

ner, one  sail  -maker,  one  carpenter,  and  eight  midshipmen  ;  and 

Pett   officers  to  ^ie  f°^owmo  Petty  officers,  who  shall  be  appointed  by  the  cap- 

be  appointed  by  tains  of  the  ships  respectively,  in  which  they  are  to  be  employed, 

the  captains.       yjz  .  ^Q  master's  mates,  one  captain's  clerk,  two  boatswain's 

mates,  one  cockswain,  one  sailmaker's  mate,  two  gunner's  mates, 

one  yeoman  of  the  gun-room,  nine  quarter  gunners,  (and  for  the 

two  larger  ships  two  additional  quarter  gunners)  two  carpenter's 

mates,  one  armorer,  one  steward,  one  cooper,  one  master-al- 

arms, and  one  cook. 

Crews.  SEC.  4.  And  be  it  further  enacted,  That  the  crews  of  each 

of  the  ships  of  forty-four  guns  shall  consist  of  one  hundred  and 
fifty  seamen,  one  hundred  and  three  midshipmen  and  ordinary 


35 

seamen,  three  sergeants,  three  corporals,  one  drum,  one  fife,  and  1797 
fifty  marines ;  and  that  the  qrew  of  the  ship  of  thirty-six  guns 
shall  consist  of  one  hundred  and  thirty  able  seamen  and  mid- 
shipmen; ninety  ordinary  seamen,  two  sergeants,  two  corpo- 
rals, one  drum,  one  fife,  and  forty  marines,  over  and  above  the 
officers  herein  before  mentioned. 

SEC.  5.  And  be  it  further  enacted,  That  the  pay  and  sub- 
sistence  of  the  respective  commissioned  and  warrant  officers  be 
as  follows :  A  captain,  seventy-five  dollars  per  month,  and  six 
rations  per  day ;  a  lieutenant,  forty  dollars  per  month,  arid  three 
radons  per  day;  a  lieutenant  of  marines,  thirty  dollars  per 
month,  and  two  rations  per  day;  a  chaplain,  forty  dollars  per 
month,  and  two  rations  per  day ;  a  sailing  master,  forty  dollars 
per  month,  and  two  rations  per  day ;  a  surgeon,  fifty  dollars 
per  month,  and  two  rations  per  day  ;  a  surgeon's  mate,  thirty 
dollars  per  month,  and  two  rations  per  day  ;  a  purser,  forty  dol- 
lars per  month,  and  two  rations  per  day  ;  a  boatswain,  twenty 
dollars  per  month,  and  two  rations  per  day ;  a  gunner,  twenty 
dollars  per  month,  and  two  rations  per  day  ;  a  sailmaker,  twen- 
ty dollars  per  month,  and  two  rations  per  day ;  a  carpenter, 
twenty  dollars  per  month,  and  two  rations  per  day. 

SEC.  6.  And  be  it  further  enacted,  That  the  pay  to  be  allow- 
ed  to  the  petty  officers,  midshipmen,  seam  en,  ordinary  seamen,  officers,  &c 
and  marines,  shall  be  fixed  by  the  President  of  the  United 
States  :  provided,  That  the  whole  sum  to  be  given  for  the  whole 
pay  aforesaid,  shall  not  exceed  fifteen  thousand  dollars  per 
month,  and  that  each  of  the  said  persons  shall  be  entitled  to 
one  ration  per  day. 

SEC.  7.  And  be  it  further  enacted,  That  the  ration  shall  con- 
sist  of  as  follows :  Sunday,  one  pound  of  bread,  one  pound  and 
a  half  of  beef,  and  half  a  pint  of  rice :  Monday,  one  pound 
of  bread,  one  pound  of  pork,  half  a  pint  of  peas  or  beans,  and 
four  ounces  of  cheese  :  Tuesday,  one  pound  of  bread,  one 
pound  and  a  half  of  beef,  and  one  pound  of  potatoes,  or  tur- 
nips and  pudding:  Wednesday,  one  pound  of  bread,  two 
ounces  of  butter,  or  in  lieu  thereof,  six  ounces  of  molasses,  four 
ounces  of  cheese,  and  half  a  pint  of  rice  :  Thursday,  one  pound 
of  bread,  one  pound  of  pork,  and  half  a  pint  of  peas  or  beans : 
Friday,  one  pound  of  bread,  one  pound  of  salt  fish,  two  ounces 
of  butter,  or  one  gill  of  oil,  and  one  pound  of  potatoes:  Satur- 
day, one  pound  of  bread,  one  pound  of  pork,  half  a  pint  of 
peas  or  beans,  and  four  ounces  of  cheese;  and  there  shall  also 
be  allowed  one  half  pint  of  distilled  spirits  per  day,  or  in  lieu 
thereof,  one  quart  of  beer  per  day,  to  each  ration. 

SEC.  8.  And  be  it  further  enacted,  That  the  officers,  non- 
commissioned  officers,  seamen,  and  marines,  belonging  to  the 
navy  of  the  United  States,  shall  be  governed  by  the  rules*  for 
the  regulation  of  the  navy  heretofore  established  by  the  resolu- 
tion of  Congress  of  the  twenty-eighth  of  November,  one  thou- 
sand seven  hundred  and  seventy-five,  as  far  as  the  same  may 

*  These  rules  are  similar  to  those  adopted  by  act,  approved  April  23,  1800. 


36 

1797.       be  applicable  to  the  Constitution  and  laws  of  the  United  States,,. 

~~  or  by  such  rules  and  articles  as  may  hereafter  be  established, 
may  mak^the      ^EC<  ^'  And  ^  It  further  enacted,  That  the  appointment  of 
appointments  a-  the  officers  to  the  frigates  may  be  made  by  the  President  alone 

lone  in  recess  of  •       .-i  /»   ,1        c<  j    ±1  •  •/• 

the  senate.  in  the  recess  of  the  oenate ;  and  their  commissions,  if  so  ap- 
pointed, shall  continue  in  force  till  the  advice  and  consent  of 
the  Senate  can  be  had  thereupon  at  their  next  meeting  which 
may  happen  thereafter. 

Term  of  service.  SEC.  10.  And  be  it  further  enacted,  That  the  seamen  and 
marines  shall  not  be  engaged  to  serve  on  board  the  frigates  for 
a  period  exceeding  one  year ;  but  the  President  may  discharge 
the  same  sooner,  if  in  his  judgment  their  services  may  be  dis- 
pensed with. 

Provision  in  case      SEC.  \\%  And  be  it  further  enacted.  That  if  any  officer,  non- 

of  wounds.  •     •  -i      rt-  11-  i     ' 

commissioned  officer,  marine,  or  seaman,  belonging  to  the  navy 
of  the  United  States,  shall  be  wounded  or  disabled,  while  in  the 
line  of  his  duty  in  public  service,  he  shall  be  placed  on  the  list 
of  the  invalids  of  the  United  States,  at  such  rate  of  pay,  and 
under  such  regulations  as  shall  be  directed  by  the  President  of 
the  United  States.  Provided  always,  That  the  rate  of  com- 
L<Inf 'enaction l^  Pensat^ori  to  ^e  allowed  for  such  wounds  or  disabilities  to  a 
casePoTwoundsm  commissioned  or  warrant  officer  shall  never  exceed,  for  the  high- 
est disability ,  half  the  monthly  pay  of  such  officer  at  the  time  of 
his  being  so  disabled  or  wounded ;  and  that  the  rate  of  compen- 
sation to  non-commissioned  officers,  marines,  and  seamen,  shall 
never  exceed  five  dollars  per  month  :  And  provided,  also,  That 
all  inferior  disabilities  shall  entitle  the  person  so  disabled  to  re- 
ceive an  allowance  proportionate  to  the  highest  disability. 
SeenSg?h  SEC.  12.  And  be  it  further  enacted,  That  the  President  of 
of  the  cutters,  the  United  States  be,  and  he  is  hereby,  authorized,  if  circum- 
stances should  hereafter  arise,  which  in  his  opinion  may  render 
it  expedient,  to  increase  the  strength  of  the  several  revenue  cut- 
ters, so  that  the  number  of  men  employed  do  not  exceed  thirty 
marines  and  seamen  to  each  cutter;  and  cause  the  said  revenue 
cutters  to  be  employed  to  defend  the  sea-coast,  and  to  repel  any 
hostility  to  their  vessels  and  commerce  within  their  jurisdiction, 
having  due  regard  to  the  duty  of  the  said  cutters,  in  the  protec- 
tion of  the  revenue. 

peStioJTtomSr      SEC-  13-  And  be  it  further  enacted,  That  the  compensa- 
officers  and  men,  tions  established  by  the  first  section  of  the  act  passed  on  the 
sixth  day  of  May,  one  thousand  seven  hundred  and  ninety-six, 
entitled  "  An  act  making  further  provision  relative  to  the  re- 
venue cutters,"  be,  and  the  same  is  hereby,  continued  and  con- 
firmed, on  the  terms  and  conditions  of  the  said  act,  to  the  ma- 
riners and  marines  who  are,  or  may  be,  employed  as  aforesaid. 
Limitation  of  this      SEC.  14.  And  be  it  further  enacted,  That  this  act  shall  con- 
tinue in  force  for  the  term  of  one  year,  and  from  thence  to  the 
end  of  the  then  next  session  of  Congress,  and  no  longer. 
APPROVED,  July  1,  1797. 


3T 

.AN  ACT  to  provide  an  additional  armament  for  the  further  protection  of  the        1798. 
trade  of  the  United  States ;  and  for  other  purposes. 


SEC.  1.  Be  it  enacted,  fyc.,  That  the  President  of  the  Uni- 
ted  States  shall  be,  and  he  is  hereby,  authorized  and  empower-  number  of  armed 

T   ,  i        i      •!.!.  i  i  i   •       i  ic  vessels,  not   ex- 

ed  to  cause  to  be  feuilt,  purchased,  or  hired,  a  number  of  ves-  ceedmg  twelve, 
sels,  not  exceeding  twelve,  nor  carrying  more  than  twenty-two 
guns  each,  to  be  armed,  fitted  out,  and  manned  under  his  di- 
rection. 

SEC.  2.  And  be  it  further  enacted \  That  the  number  and 
grade  of  the  officers  to  be  appointed  for  the  service  of  the  said 
vessels  shall  be  fixed  by  the  President  of  the  United  States,  as  g™  of  service» 
well  as  the  number  of  men,  of  which  the  respective  crews 
shall  be  composed,  who,  as  well  officers  as  seamen  and  marines, 
shall  receive  the  same  pay  and  subsistence,  be  entitled  to  the 
same  advantages  and  compensations,  be  governed  by  the  same 
rules  and  regulations,  and  be  engaged  for  the  same  time  and 
on  the  same  conditions,  as  by  an  act  of  the  United  States,  passed 
the  first  of  July,  one  thousand  seven  hundred  and  ninety-seven, 
entitled  "  An  act  providing  a  naval  armament,"  is  ascertained 
and  established,  as  fully  as  if  the  particular  provisions  of  that 
act,  having  reference  thereto,  were  herein  inserted  at  large. 
Provided  always,  and  be  it  further  enacted,  That  the  Presi- 
dent of  the  United  States  be,  and  he  is  hereby,  authorized  to 
cause  the  term  of  enlistment  of  the  seamen  and  marines,  to  be 
employed  in  any  vessel  of  the  United  States,  to  be  extended 
beyond  one  year,  if  the  vessel  should  then  be  at  sea,  and  until 
ten  days  after  such  vessel  shall  arrive  in  some  convenient  port 
of  the  United  States  thereafter ;  any  thing  contained  in  this  act, 
or  in  the  act  intituled  "  An  act  providing  a  naval  armament," 
to  the  contrary  notwithstanding. 

SEC.  3.  And  be  it  further  enacted,  That  the  officers  of  the  *?$£*£!££%£ 
aforesaid  vessels  may,  during  the  recess  of  the  Senate,  be  ap-  President  may 
pointed  and  commissioned  by  the  President  alone. 

SEC.  4.  And  be  it  further  enacted,  That  the  sum  of  nine  $950,000  appro- 
hundred  and  fifty  thousand  dollars  be,  and  are  hereby,  appro-  pna 
priated,  out  of  any  moneys  in  the  Treasury  of  the  United  States 
beyond  the   appropriations   that  may   heretofore   have   been 
charged  thereon,  for  the  purpose  of  carrying  the  objects  of  this 
act  into  execution. 

APPROVED,  April  27,  1798. 


AN  ACT  to  establish  an  executive  department  to  be  denominated  the  depart- 
ment of  the  navy. 

SEC.  1.  Be  it  enacted,fyc.,  That  there  shall  be  anExecutive 
Department  under  the  denomination  of  the  Department  of  the 
Navy,  the  chief  officer  of  which  shall  be  called  the  Secretary  of 
the  Navy,  whose  duty  it  shall  be  to  execute  such  orders  as  he 
shall  receive  from  the  President  of  the  United  States,  relative 


38 

1798.       to  the  procurement  of  naval  stores  and  materials,  and  the  con- 
""struction,  armament,  equipment,  and  employment  of  vessels  of 
war,  as  well  as  all  other  matters  connected  with  the  naval  es- 
tablishment of  the  United  States. 

appoint  SEC-  2-  And  be  if  further  enacted,  That  a  principal  clerk, 
and  such  other  clerks  as  he  shall  think  necessary,  shall  be  ap- 
pointed by  the  Secretary  of  the  Navy,  who  shall  be  employed 
in  such  manner  as  he  shall  deem  most  expedient.  In  case  of 
vacancy  in  the  office  of  the  Secretary,  by  removal  or  otherwise, 
it  shall  be  the  duty  of  the  principal  clerk  to  take  the  charge 
and  custody  of  all  the  books,  records,  and  documents  of  the  said 
office. 

^EC-  3*  And  be  it  further  enacted,  That  the  Secretary  of  the 
books,  &c.,  in  the  Navy  be,  and  he  is  hereby,  authorized  and  empowered,  immedi- 
-  ately  after  he  shall  be  appointed,  and  shall  enter  upon  the  du- 
tjes  of  njs  office,  to  take  possession  of  all  the  records,  books,  and 
documents,  and  all  other  matters  and  things  appertaining  to  this 
department,  which  are  now  deposited  in  the  office  of  the  Secre- 
tary of  War.  •  • 
ta      ^EC<  ^'  And  ^e  ^  furtjier  enacted,  That  there  shall  be  al- 
s  lowed  to  the   Secretary  of  the  Navy  an  annual  salary  of  three 
thousand  dollars,*  payable  quarter-yearly  at  the  Treasury  of 
the  United  States ;  and  the  respective  clerks  in  the  office  of  the 
said  department  shall  receive  the  same  compensation,  and  be 
subject  to  the  same  regulations,  as  are  provided  by  an  act,  sup- 
plemental to  the  act  establishing  the  Treasury  Department, 
and  for  a  further  compensation  to  certain  officers  in  the  offices 
of  the  other  executive  departments. 

toe  SEC.  5.  And  be  it  further  enacted,  That  so  much  of  an  act, 
warj)epartment  entituled  "  An  act  to  establish  an  executive  department,  to  be 
denominated  the  department  of  war,"  as  vests  any  of  the  pow- 
ers contemplated  by  the  provisions  of  this  act  in  the  Secretary 
for  the  Department  of  War,  shall  be  repealed,  frorn  and  after 
the  period  when  the  Secretary  of  the  Navy  shall  enter  on  the 
duties  of  his  office. 

APPROVED,  April  30,  1798. 


AN  ACT  to  authorize  the  President  of  the  United  States  to  cause  to  be  pur- 
chased, or  built,  a  number  of  small  vessels,  to  be  equipped  as  gallies,  or  other- 


[Obsolete.] 

President^  may  SEC.  i.  j$e  it  enacted,  fyc.,  That  the  President  of  the  Uni- 
provide  ii-  ^  gtates  j-^  an(j  ne  js  hereby,  authorized,  if  the  same  shall  ap- 
pear to  him  necessary  for  the  protection  of  the  United  States, 
to  cause  a  number  of  small  vessels,  not  exceeding  ten,  to  be 
built,  or  purchased,  and  to  be  fitted  out,  manned,  armed  and 
equipped  as  gallies,  or  otherwise,  in  the  service  of  the  United 
States,  the  officers  and  men  to  be  on  the  same  pay,  and  to  re- 

*  Salary  increased,  by  act  of  March  2,  1799,  to  $4,500  per  annum  ;  and  by 
act  of  February  20,  1819,  to  $6,000,  commencing  from  January  1,  1819. 


39 

ceive  the  same  subsistence,  as  officers  of  the  same  rank  and       1798. 
men  are  entitled  to  in  the  navy  of  the  United  States. 

SEC.  2.  And  be  it  further  enacted,  Thai  the  said  officers  ^fm 
shall  be  appointed  and  commissioned  by  the  President  of  the  President^ 
United  States  alone  during  the  recess  of  the  Senate  ;  and  the  Sentof  thePgai- 
said  gal  lies  or  vessels  shall  be  stationed  in  such  parts  of  the lies- 
United  States  as  he  may  direct. 

SEC.  3.  And  be  it  further  enacted.  That  there  be  appropria-  -wooo  appropri- 
ted,  for  the  purpose  aforesaid,  the  sum  of  eighty  thousand  dol- 
lars, out  of  any  moneys  in  the  Treasury  not  otherwise  appro- 
priated. 

APPROVED,  May  4,  1798. 


AN  ACT  to  amend  the  act,  intituled  "  An  act  providing  a  naval  armament," 
and  the  act  intituled  "  An  act  to  authorize  the  President  of  the  United  States 
to  cause  to  be  purchased  or  built,  a  number  of  small  vessels,  to  be  equipped  as 
gallies  or  otherwise." 

[Obsolete.] 

SEC.  1.  Be  it  enacted,  tyc.,  That  the  President  of  the  Uni-  pre8ident    may 
ted  States  shall  be,  and  he  is  hereby,  authorized,  when  he  shall  JJ^J  Of  re*- 
think  fit,  to  increase  the  strength  of  any  revenue-cutter,  for  the  nue  cutters. 
purposes  of  defence,  against  hostilities  near  the  sea-coast,  to 
employ  on  board  the  same,  at  his  discretion,  not  exceeding  sev- 
enty marines  and  seamen  ;  any  thing  in  the  act,  intituled  "  An 
act  providing  a  naval  armament,"  to  the  contrary  hereof  not- 
withstanding. 

SEC.  2.  And  be  it  further  enacted,  fyc.,  That  the  President  president  may  fix 
of  the  United  States  shall  be,  and  he  is  hereby,  authorized  to  fix 
the  degree  of  rank,  and  the  rate  of  pay  and  subsistence,  not  ex- 
ceeding  what  is  allowed  upon  the  naval  establishment,  which  nea 
shall  be  granted  and  allowed  to  the  officers  who  shall  be  duly 
commissioned  in  the  service  of  the  United  States  on  board  of 
any  small  vessel  or  galley,  which  shall  be  fitted  out  under  his 
orders,  pursuant  to  the  act,  intituled  "  An  act  to  authorize  the 
President  of  the  United  States  to  cause  to  be  purchased,  or 
built,  a  number  of  small  vessels,  to  be  equipped  as  gallies,  or 
otherwise  ;"  any  thing  therein  to  the  contrary  hereof  notwith- 
standing. 

APPROVED,  June  22,  1798. 


AN  ACT  to  extend  the  privilege  of  franking  letters  and  packets  to  the  Secre- 
tary of  the  Navy. 

Be  it  enacted,  fyc.,  That  all  letters  and  packets,  to  or  from  the 
Secretary  of  the  Navy,  shall  be  received  and  conveyed  by  post, 
free  of  postage,  under  the  like  restrictions  and  limitations  as  are 
provided  respecting  letters  and  packets  to  or  from  the  heads  of 


40 

1798,       the  other  departments  of  the  Government,  by  the  nineteenth 
~~  section  of  the  act,  entitled  "  An  act  to  establish  the  post  office 
and  post  roads  within  the  United  States." 

APPROVED,  June  22,  1798. 


AN  ACT  in  addition  to  the  act  more  effectually  to  protect  the  commerce  and 
,  coasts  of  the  United  States. 

[Obsolete.] 

captured  armed      gECf  x.  Be  it  enacted.  &*c.,  That  all  such  armed  vessels  as 

vessels  and  goods  ..  •        i         i  ii  i      •  /.     i        TT    •       i 

may  be  condemn-  may  be  seized,  taken  and  brought  into  any  port  of  the  United 
<;ourts!he       lct States,  in  pursuance  of  the  act,  entitled  "An  act  more  effectu- 
ally to  protect  the  commerce  and  coasts  of  the  United  States," 
with  the  apparel,  guns  and  appurtenances,  of  such  vessels,  and 
the  goods  and  effects  which  shall  be  found  on  board  the  same, 
shall  be  liable  to  forfeiture  and  condemnation,  and  may  be  li- 
belled and  proceeded  against  in  the  district  courts  of  the  United 
States,  for  the  district  into  which  the  same  may  be  brought. 
Forfeiture  not  to  Provided,  that  such  forfeiture  shall  not  extend  to  any  goods  or 

extend  to  captur-     ~,  .  .  .  ,        J   9 ,  .       , 

ed  property   ofenects,  the  property  of  any  citizen  or  person  resident  within  the 

derftsln  the  Unt  United  States,  and  which  shall  have  been  before  taken  by  the 

ted  states.         crew  of  SUCQ  captured  vessel. 

Recaptured  pro-  SEC.  2.  And  be  it  further  enacted.  That  whenever  any  ves- 
sel?  tne  property  of,  or  employed  by,  any  citizen  of  the  United 
pay  '^^a^es>  or  person  resident  therein,  or  any  goods  or  effects  be- 
longing to  any  such  citizen  or  resident,  shall  be  re-captured  by 
any  public  armed  vessel  of  the  United  States,  the  same  shall 
be  restored  to  the  former  owner  or  owners,  upon  due  proof,  he 
or  they  paying  and  allowing,  as  and  for  salvage  to  the  re-cap- 
tors, one-eighth  part  of  the  value  of  such  vessel,  goods,  and  ef- 
fects, free  of  all  deduction  and  expenses. 

°f  SEC.  3.  And  be  it  further  enacted,  That  whenever  any  arm- 
ed vessel,  captured  and  condemned  as  aforesaid,  shall  have 
been  of  superior  or  equal  force  to  the  public  armed  vessel  of 
the  United  States  by  which  such  capture  shall  have  been  made, 
the  forfeiture  shall  be  and  accrue  wholly  to  the  captors :  and  in 
other  cases,  one-half  thereof  shall  be  to  the  use  of  the  United 
States,  and  the  residue  to  the  captors.  And  all  salvage  which 

and  crew.  shall  be  allowed  and  recovered  upon  any  vessel,  goods  or  ef- 
fects re-captured,  and  to  be  restored,  as  aforesaid,  shall  belong 
wholly  to  the  officers  and  crew  of  the  public  armed  vessel  of 
the  United  States  by  which  such  re-capture  shall  be  made : 

£°UmaC°o£rn  anc^  ^e  COU1^  before  whom  any  condemnation  shall  be  had, 

sale,  &c.  '  as  aforesaid,  shall  and  may  order  the  sale  of  the  vessel,  goods 
and  effects  condemned,  to  be  made  at  public  auction,  upon  due 
notice  by  the  marshal  of  the  district  in  which  the  same  shall 
be :  and  all  expenses  of  condemnation  and  sale  being  deduct- 
ed from  the  proceeds,  the  part  thereof  which  shall  accrue  to  the 

Proceeds  to   be  United  States  shall  be  paid  into  the  public  treasury,  and  the 
"  residue,  and  all  allowances  of  salvage  as  aforesaid,  shall  be  dis- 


tributed  to  and  among  the  officers  and  crews  concerned  there-       1798. 
in,  in  the  proportions  which  the  President  of  the  United  States  ~~ 
shall  direct. 

SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  lawful  ?fmccaeprtsur^dcr^! 
for  the  President  of  the  United  States  to  cause  the  officers  and  isc.,  to  be 
crews  of  the  vessels  so  captured,  and  hostile  persons  found  on 
board  any  vessel  which  shall  be  re- captured,  as  aforesaid,  to  be 
confined  in  any  place  of  safety  within  the  United  States,  in 
such  manner  as  he  may  think  the  public  interest  may  require ; 
and  all  marshals  and  other  officers  of  the  United  States  are 
hereby  required  to  execute  such  orders  as  the  President  may  is- 
sue  for  the  said  purpose. 

APPROVED,  June  28,  1T98. 


AN  ACT  supplementary  to  the  act,  intituled  "  An  act  to  provide  an  additional 
armament  for  the  further  protection  of  the  trade  of  the  United  States ;  and  for 
"    other  purposes." 

[Obsolete.] 

SEC.  1.  Be  it  enacted,  fyc.,  That  the  President  of  the  United  ™* 
States  shall  be,  and  he  is  hereby,  authorized  to  accept,  in  behalf  ^so 
of  the  United  States,  of  the  proposals  of  any  persons  who  shall  states  — 
offer  and  undertake  to  complete,  provide  and  deliver,  to  the  use,  "Juse  evidence  &of 
and  upon  the  credit  of  the  United  States,  on  terms  in  his  opin- 
ion  advantageous  or  convenient,  any  vessel  or  vessels,  now  therefor. 
building,  or  to  be  built  within  the  United  States,  of  a  model 
and  size  which  he  shall  approve,  and  armed  and  equipped,  or 
suitable  to  be  armed  for  the  public  service  :  and  upon  the  de- 
livery of  the  vessel  or  vessels,  according  to  such  proposals,  or 
to  the  acceptance  of  the  President  of  the  United  States,  he  may 
cause  proper  certificates,  or  other  evidence  of  the  debt  or  obli- 
gation of  the  United  States  incurred  thereby,  to  be  made  and 
given  at  the  Treasury  Department,  and  which  shall  be  there 
registered,  to  the  use  and  benefit  of  the  persons  concerned  : 
provided.  That  not  more  than  twelve  vessels,  in  addition  to  vesS?011 
those  already  authorized,  shall  and  may  be  procured,  by  virtue  * 

f  •  j     7     rrii  xi  No  more  than  6 

hereof:  and  provided,  That  not  more  than  six  per  cent,  per  percent,  to  be  ai- 
annum  shall  be  allowed  for  any  credit  which  shall  be  given lowed  on  credits- 
under  this  act.    And  all  certificates  of  debt  shall  be  redeemable 
at  the  will  of  Congress. 

SEC.  2.  And  be  it  further  enacted,  That  the  vessels  author- 
ized by  the  act,  intituled  "  An  act  to  provide  an  additional  ar- 
mament for  the  further  protection  of  the  trade  of  the  United 
States,  and  for  other  purposes,"  and  those  which  shall  be  au- 
thorized by  this  act,  shall  be  procured  and  accepted  according 
to  the  following  rates,  as  nearly  as  may  be ;  that  is  to  say  :  six 
of  them  not  exceeding  eighteen  guns  each,  and  twelve  of  them  cured  or  accept- 
not  less  than  twenty,  or  exceeding  twenty-four  guns  each,  and e 
six  not  less  than  thirty-two  guns  each ;  and  the  guns  for  each 
vessel  to  be  of  such  calibre  and  weight  of  metal  as  the  Presi- 


42 

1798.       dent  of  the  United  States  shall  approve ;  any  thing  in  the  said 
~~  former  act  to  the  contrary  hereof  notwithstanding. 

may  JS^S      SEC*  3*  And  be  ^  further  enacted,  That  the  President  of  the 
vessels  given  to  United  States  may,  at  his  discretion,  accept  of  any  vessel  armed 
u^iteld  stotes.the  and  equipped,  or  suitable  to  be  armed,  of  a  model,  size  and 
force  proper  for  the  public  service,  which  any  State,  body  po- 
litic or  corporate,  citizen  or  citizens  of  the  United  States,  shall 
voluntarily  offer  and  give,  for  the  use  of  the  United  States,  to 
increase  the  naval  armament. 

mayregufat^the1      SEC.  4.  And  be  it  further  enacted,Thzt  the  President  of 
rank,  pay,  &c.,  of  tne  United  States  shall  be,  and  he  is  hereby  authorized  to  de- 

officers, and  num-  .  IT  «• 

her  of  men  to  be  tcrmine  and  direct,  according  to  the  rate  of  each  vessel  which 
shall  be  furnished  or  accepted  in  pursuance  of  this  act,  the  rank, 
pay,  and  subsistence  of  the  commissioned  and  warrant  officers, 
who  shall  be  appointed  thereto ;  and  the  number  of  men  to  be 
engaged,  and  the  pay  to  be  allowed  them,  not  exceeding  the 
proportionable  grades  and  allowances  which  are  or  shall  be  au- 
thorized by  law  for  the  navy  of  the  United  States.  And  all 
officers  of  the  said  navy,  according  to  their  respective  ranks, 
shall  be  appointed  in  the  manner  prescribed  by  the  act,  intitu- 
led, "  An  act  to  provide  a  naval  armament." 

may  vaJthXJuo-      ^EC'  5t  And  be .  it  further  enacted,  That  the  President  of  the 

tas  of  seamen,  United  States  may,  at  his  discretion,  increase  or  vary  the  quo- 

ien,  &c.    tag  Q£  seamerl)  landsmen  and  marines,  to  be  employed  on  board 

the  frigates,  and  may  permit  a  proportion  of  boys  for  them,  and 

the  other  vessels  of  the  navy  of  the  United  States,  according  to 

the  exigencies  of  the  public  service. 

APPROVED,  June  30,  1798. 


AN  ACT  for  the  establishing  and  organizing  a  Marine  Corps. 
[Obsolete.] 

SEC.  1.  Be  it  enacted,  fyc.,  That  in  addition  to  the  present 

military  establishment,  there  shall  be  raised  and  organized  a 

A  corps  of  ma- corps  of  marines,  which  shall  consist  of  one  major,  four  cap- 

rines  to  be  raised.      .  r       .  /.        T  IT  /•    A 

tains,  sixteen  first  lieutenants,  twelve  second  lieutenants,  forty- 
eight  sergeants,  forty-eight  corporals,  thirty-two  drums  and  fifes, 
and  seven  hundred  and  twenty  privates,  including  the  marines 
who  have  been  enlisted,  or  are  authorized  to  be  raised  for  the 

Formation  of  it.  naval  armament;  and  the  said  corps  may  be  formed  into  as 
many  companies  or  detachments  as  the  President  of  the  Uni- 
ted States  shall  direct,  with  a  proper  distribution  of  the  commis- 
sioned and  non-commissioned  officers  and  musicians  to  each 
company  or  detachment. 

Pay  and  subsist-  SEC.  2.  And  be  it  further  enacted,  That  the  pay  and  sub- 
sistence of  the  said  officers,  privates,  and  musicians,  shall  be  as 
follows,  to  wit :  To  a  major,  fifty  dollars  per  month,  and  four 
rations  per  day ;  to  a  captain,  forty  dollars  per  month,  and  three 
rations  per  day ;  to  a  first  lieutenant,  thirty  dollars  per  month, 
and  three  rations  per  day ;  to  a  second  lieutenant,  twenty-five 


43 

dollars  per  month,  and  two  rations  per  day;  and  to  the  non-       1798. 

commissioned  officers,  privates  and  musicians,  conformably  to  ~~ 

the  act,  entituled  "  An  act  providing  a  naval  armament,"  as 

shall  be  fixed  by  the  President  of  the  United  States  :  And  the 

President  of  the  United  States  shall  be,  and  is  hereby,  author-  J^SSon  Se- 

ized to  continue  the  enlistment  of  marines,  until  the  said  corps  cers  in  the  recess. 

shall  be  complete;  and,  of  himself,  to  appoint  the  commission- 

ed officers,  whenever,  in  the  recess  of  the  Senate,  an  appoint- 

ment shall  be  necessary.     And  the  enlistments,  which  shall  be  Enlistments   for 

made  by  virtue  hereof,  may  be  for  the  term  of  three  years,  sub-  Ul 

ject  to  be  discharged  by  the  President  of  the  United  States,  or 

by  the  ceasing  or  repeal  of  the  laws  providing  for  the  naval  ar- 

mament.    And  if  the  marine  corps,  or  any  part  of  it,  shall  be 

ordered  by  the  President  to  do  duty  on  shore,  and  it  shall  be-  5^torde0r^d 


come  necessary  to  appoint  an  adjutant,  paymaster,  quartermas-  staff  officers  how 
ter,  sergeant-major,  quartermaster-sergeant,  and  drum  and  fife-  to  be  aPP°mted- 
major,  or  any  of  them,  the  major  or  commandant  of  the  corps 
is  hereby  authorized  to  appoint  such  staff-officer  or  officers,  from 
the  line  of  subalterns,  sergeants  and  music,  respectively,  who 
shall  be  entitled,  during  the  time  they  shall  do  such  duty,  to 
the  same  extra  pay  and  emoluments,  which  are  allowed  by  law 
to  officers  acting  in  the  same  capacities  in  the  infantry. 

SEC.  3.  And  be  it  further  enacted,  That  the  detachments 
the  corps  of  marines,  hereby  authorized,  shall  be  made  in  lieu 
of  the  respective  quotas  of  marines,  which  have  been  establish-  Slte«, 
ed  or  authorized  for  the  frigates,  and  other  armed  vessels  and 
gallies,  which  shall  be  employed  in  the  service  of  the  United 
States  :  And  the  President  of  the  United  States  may  detach  and 
appoint  such  of  the  officers  of  this  marine  corps,  to  act  on  board 
the  frigates,  and  any  of  the  armed  vessels  of  the  United  States, 
respectively,  as  he  shall,  from  time  to  time,  judge  necessary  ; 
any  thing  in  the  act  "  providing  a  naval  armament"  to  the  con- 
trary hereof  notwithstanding. 

SEC.  4.  And  be  it  further  enacted,  That  the  officers,  non- 
commissioned  officers,  privates  and  musicians  aforesaid,  shall  they  shall  be  gov- 
take  the  same  oath,  and  shall  be  governed  by  the  same  rules  erl 
and  articles  of  war,  as  are  prescribed  for  the  military  establish- 
ment of  the  United  States,  and  by  the  rules  for  the  regulation 
of  the  navy  heretofore,  or  which  shall  be  established  by  law, 
according  to  the  nature  of  the  service  in  which  they  shall  be 
employed,  and  shall  be  entitled  to  the  same  allowance,  in  case  Allowance      in 

/•  j  T      i  •!•  •  T  case  of  wounds, 

oi  wounds  or  disabilities,  according  to  their  respective  ranks,  as  &c. 
are  granted  by  the  act  u  to  ascertain  and  fix  the  military  estab- 
lishment of  the  United  States." 

SEC.  o.  And  be  it  further  enacted,  That  the  non-commis- 
sioned  officers,  musicians,  seamen  and  marines,  who  are  or  shall  and  contracts 
be  enlisted  into  the  service  of  the  United  States  ;  and  the  non- 
commissioned officers  and  musicians,  who  are  or  shall  be  en- 
listed into  the  army  of  the  United  States,  shall  be,  and  they 
are  hereby  exempted,  during  their  term  of  service,  from  all  per- 
sonal arrests  for  any  debt  or  contract. 


44 

1798.  SEC.  6.  And  be  it  further  enacted,  That  the  marine  corps, 

duty  they  established  by  this  act,  shall,  at  any  time,  be  liable  to  do  duty 
do.  *  toin  the  forts  and  garrisons  of  the  United  States,  on  the  sea  coast, 

or  any  other  duty  on  shore  as  the  President,  at  his  discretion, 
shall  direct. 

APPROVED,  July  11,  1T98. 


AN  ACT  to  make  a  further  appropriation  for  the  additional  naval  armament. 

[Obsolete.] 

iree      *^EC'  ^'  ^e  ^  enacted,  fyc.,  That  the  sum  of  six  hundred 
of  not  less  thousand  dollars  shall  be,  and  hereby  is,  appropriated,  to  enable 
gunnseachrty"tw°tne  President  of  the  United  States  to   cause  to  be  built,  and 
equipped,  three  ships  or  vessels,  to  be  of  a  force  not  less  than 
thirty-  two  guns  each,  and  of  the  dimensions  and  model  which 
he  shall  deem  most  advantageous  for  the  public  service,  as  part 
of  the  additional  naval  armament  authorized  by  law. 

SEC-  2-  And  be  ^  further  enacted,  That  the  timber  and 
other  materials  belonging  to  the  United  States,  proper  for  build- 
ing and  equipping  the  ships  or  vessels  aforesaid,  remaining  in 
their  several  dock-yards,  and  elsewhere,  may  be  employed  un- 
der the  direction  of  the  President  of  the  United  States,  in  effec- 
ting the  purposes  of  this  act  ;  or  may  be  otherwise  disposed  of 
^  ^e  s^ia^  tnmk  best.  And  the  sum  hereby  appropriated 
shall  be  paid  out  of  any  unappropriated  money  in  the  treasury. 

APPROVED,  July  16,  1798. 


now  on  hand, 


His  duty. 


AN  ACT  to  alter  and  amend  the  several  acts  for  the  establishment  and  regula- 
lation  of  the  Treasury,  War,  and  Navy  Departments. 

[Obsolete.] 

^EC<  *'  ^e  **  enacte^  $*C">  That  there  shall  be,  in  the  de- 
partment  of  the  navy,  an  officer  to  be  denominated  accountant 
of  the  navy,  who  shall  be  charged  with  the  settlement  of  all 
accounts  for  moneys  advanced,  and  stores  issued  or  distributed 
by  or  under  the  direction  of  the  secretary  of  the  navy,  and  who 
shall  report  from  time  to  time  all  such  settlements  as  shall 
have  been  made  by  him  for  money  advanced  or  issued,  for  the 
inspection  and  revision  of  the  accounting  officers  of  the  Trea- 
sury. And  the  compensation  of  the  said  accountant  shall  be  a 
yearly  salary  of  one  thousand  six  hundred  dollars.*  And  all 
letters  and  packages  to  and  from  said  accountant,  by  mail,  shall 
be  free  of  postage. 

The  treasurer  to  SEC.  2.  And  be  it  further  enacted,  That  the  Treasurer  of 
fo?bth?eNavynDe-  the  United  States  shall  disburse  all  such  money  as  shall  have 
beel1  previously  ordered  for  the  use  of  the  department  of  the 
navy,  by  warrants  from  the  Treasury,  which  disbursements 


compensation 
Letters  free. 


Increased  to  $2,000,  by  act  of  March  2,  1799. 


45 

shall  be  made  pursuant  to  warrants  from  the  Secretary  of  the       1798. 
Vavy,  countersigned  by  the  accountant. 

[This  section  repealed  May  7,  1822,  and  all  warrants  from  and  after  June  30, 
822,  to  be  drawn  by  the  Secretary  of  the  Treasury,  on  the  requisitions  of  the 
Secretaries  of  War  and  the  Navy.] 

SEC.  3.  And  be  it  further  enacted.  That  all  purchases,  and  Purchases    and 

.,  -. .      ^  .  /•       ,i  -T  i  contracts    to    be 

contracts,  for  supplies  or  services  for  the  military  and  naval  ser-  made    by    the 
vice  of  the  United  States,  shall  be  made  by  or  under  the  direc-  Department^S 
ion  of  the  chief  officers  of  the  departments  of  war  and  the  g^tjeudnts  t0^ 
navy  respectively,  and  all  agents  or  contractors  for  supplies  or  the  accountants 
services  as  aforesaid,  shall  render  thek  accounts  for  settlement  **" 
,o  the  accountant  of  the  proper  department  for  which  such  sup- 
plies or  services  are  required;  subject  nevertheless  to  the  inspec- 
ion  and  revision  of  the  officers  of  the  Treasury  in  manner  be- 
bre  prescribed. 
SEC.  4.  And  be  it  further  enacted.  That  it  shall  be  the  duty  Purveyor  of  Pub- 

„"•  X  i  i .  T  ,  ,        J  lie  supplies  to  ex- 

of  the  purveyor  of  the  public  supplies  to  execute  all  such  or-  ecute  orders  from 
ders  as  he  may  from  time  to  time  receive  from  the  Secretary  of  waf^S^tblf 
War  or  Secretary  of  the  Navy,  relative  to  the  procuring  and  Nayy- 
jroviding  of  all  kinds  of  stores  and  supplies ;  and  shall  render 
lis  accounts  relative  thereto  to  the  accountants  of  the  proper 
departments,  which  accounts  shall  be  subject  to  the  inspection 
and  revision  of  the  officers  of  the  Treasury  as  aforesaid. 

SEC.  5.  And  be  it  further  enacted,  That  the  provisions  of  Provisions  of  for- 

,  •/.  /.-nr  i  mer  acts    rePeal~ 

lie  act  passed  on  the  eighth  day  of  May,  one  thousand  seven  ed. 
hundred  and  ninety-two,  intituled  "  An  act  making  alterations 
n  the  Treasury  and  War  departments,"  and  the  act  passed  on 
the  twenty-third  day  of  February,  one  thousand  seven  hundred 
and  ninety-five,  intituled  "  An  act  to  establish  the  office  of 
Purveyor  of  public  supplies,"  so  far  as  the  same  are  repugnant 
to  the  provisions  of  this  act,  be,  and  the  same  are  hereby,  re- 
pealed. 

SEC.  6.  And  be  it  further  enacted.  That  all  contracts  to  be  ^^monly" 
made  by  virtue  of  this  act,  or  of  any  law  of  the  United  States,  &c!,  toV  lodged 
and  requiring  the  advance  of  money,  or  to  be  in  any  manner  ieVih0fficeinptrc 
connected  with  the  settlement  of  public  accounts,  shall  be  de- 
posited in  the  office  of  the  Comptroller  of  the  Treasury  of  the 
'United  States,  within  ninety  days  after  their  dates,  respectively. 

APPROVED,  July  16,  1798. 


AN  ACT  fixing  the  pay  of  the  captains  and  commanders  of  ships  and  vessels  of 
war  of  the  United  States. 

[Obsolete.] 

SEC.  1.  Be  it  enacted.  d"c.,  That  all  the  vessels  in  the  ser-  B?  what  officers 

~   i       TT    •      i  <n  •  i  T      vessels  of  the  U. 

vice  of  the  United  States,  mounting  twenty  guns  and  upwards,  s.  are  to  be  com- 
be commanded  by  captains ;  those  not  exceeding  eighteen  guns  manded> 
(except  gallies,  which  are  to  be  commanded  as  heretofore  pro- 
vided by  law,)  by  masters  or  lieutenants,  according  to  the  size 
of  the  vessel,  to  be  regulated  by  the  President  of  the  United 
States. 


comm 


46 

SEC.  2.  And  be  it  further  enacted,  That  the  pay  of  captains 
Pay  and  aiiow-  commanding  ships  of  thirty-two  guns  and  upwards,  be  one  hun- 

juice  to  captftins    iiin  i  i      •    i  . 

andcommanders.  dred  dollars  per  month,  and  eight  rations  per  day ;  of  captains 
commanding  ships  of  twenty  and  under  thirty-two  guns,  sev- 
enty-five dollars  per  month,  and  six  rations  per  day ;  of  a  mas- 
ter commandant,  sixty  dollars  per  month,  and  five  rations  per 
day ;  and  of  lieutenants,  who  may  command  the  smaller  ves- 
sels, fifty  dollars  per  month,  and  four  rations  per  day. 
U  SEC.  3.  And  be  it  further  enacted,  That  whenever  any  offi- 
rons  &  the  cer,  as  aforesaid,  shall  be  employed  in  the  command  of  a  squad- 

^ujjmiaiider       of  -in  „  •>     ] 

the  navy.  ron,  on  separate  service,  the  allowance  of  rations  to  such  com- 

manding officer  shall   be  doubled  during  the  continuance  of 
such  command,  and  no  longer,  except  in  the  case  of  the  com- 
manding officer  of  the  navy,  whose  allowance,  while  in  service, 
shall  always  be  at  the  rate  of  sixteen  rations  per  day. 
APPROVED,  February  25, 1T99. 

AN  ACT  for  the  augmentation  of  the  navy. 
[Obsolete.] 

six  ships^ of  not  SEC.  1.  Be  it  enacted,  fyc.,  That,  under  the  orders  of  the 
'"If  President  of  the  United  States,  and  in  addition  to  the  naval 
£°  armament  already  authorized  by  law,  there  shall  be  built 
within  the  United  States,  six  ships  of  war,  of  a  size  to  carry, 
and  which  shall  be  armed  with,  not  less  than  seventy-four  guns 
each ;  and  there  shall  be  built  or  purchased  within  the  United 
States,  six  sloops  of  war,  of  a  size  to  carry,  and  which  shall  be 
armed  with,  eighteen  guns  each,  or  not  exceeding  that  force ; — 
all  which  ships  and  vessels  shall  be  procured,  manned  and  em- 
ployed, as  soon  as  may  be,  for  the  service  of  the  United  States  : 

$1,000,000  appro-  and  in  part  of  the  necessary  expenditures  to  be  incurred  here- 
in, a  sum  not  exceeding  one  million  of  dollars  shall  be,  and  is 
hereby,  appropriated,  and  shall  be  paid  out  of  any  moneys 
which  shall  be  in  the  treasury  of  the  United  States  not  other- 
wise appropriated. 

The     President      SEC.  2.  And  be  it  further  enacted,  That  the  President  of 

may  augment  the    i       TT    •       i  ci  ini  11        •     i         i 

force  of  the  other  the  United  otates  shall  be,  and  he  is  hereby,  authorized  to  aug- 
ment, at  his  discretion,  the  force  of  any  ship  or  vessel,  now  in 
the  service,  or  building  for  the  service,  of  the  United  States,  by 
allowing  an  additional  number  of  guns  and  men  therein,  be- 
yond the  established  rate,  and  according  to  the  respective  size 
and  capacity  of  such  ship  or  vessel :  and  a  sum  not  exceeding 
gooo  appropri- thirty-five  thousand  dollars  shall  be,  and  is  hereby,  appropriated 
to  defray  the  expense  of  such  augmentation,  and  shall  be  paid 
out  of  any  moneys  which  shall  be  in  the  treasury  of  the  United 
States  not  otherwise  appropriated. 

Revenue  cutters  SEC.  3.  And  be  it  further  enacted,  That  the  President  of  the 
iLnSe  ^creased  United  States  shall  be,  and  is  hereby,  authorized  to  place  on  the 
SeynavSaCeesdta°bn  naval  establishment,  and  employ  accordingly,  all  or  any  of  the 
vessels,  which,  as  revenue  cutters,  have  been  increased  in  force, 
and  employed  in  the  defence  of  the  sea-coast,  pursuant  to  the 


47 

I 

act,   intituled  "An  act  providing  a  naval   armament;"   and       1799. 
thereupon  the  officers  and  crews  of  such  vessels  may  be  allow-  ~ 
ed,  at  the  discretion  of  the  President  of  the  United  States,  the 
pay,  subsistence,  advantages  and  compensations,  proportionably  Pay  and  subsist- 
to  the  rates  of  such  vessels,  and  shall  be  governed  by  the  rules  R^S  and  disci- 
and  discipline  which  are,  or  which  shall  be,  established  for  the  Pline- 
navy  of  the  United  States. 

APPROVED,  February  25,  1799. 


AN  ACT  authorizing  the  establishment  of  docks. 
[Obsolete.] 

Be  it  enacted,  fyc.,  That  two  docks,  for  the  convenience  of  £xjc°teddocks  to  be 
repairing  the  public  ships  and  vessels,  be  erected  in  suitable  pla- 
ces, under  the  direction  of  the  President  of  the  United  States, 
and  that  the  sum  of  fifty  thousand  dollars  be  appropriated  to-  $50,000  appropn- 
wards  effecting  this  object,  to  be  paid  out  of  any  moneys  in  the  al< 
treasury  of  the  United  States  not  otherwise  appropriated. 

APPROVED,  February  25,  1799. 

AN  ACT  authorizing  the  purchase  of  timber  for  naval  purposes. 
[Obsolete.] 

Be  it  enacted,  fyc.,  That  the  President  of  the  United  States 
shall  be,  and  he  is  hereby,  authorized  to  direct  a  sum  not  ex- 
ceeding two  hundred  thousand  dollars,  to  be  paid  out  of  any 
moneys  in  the  treasury  not  otherwise  appropriated,  to  be  laid  cha^e  timber  or 
out  in  the  purchase  of  growing  or  other  timber,  or  of  lands  on  ai 
which  timber  is  growing,  suitable  for  the  navy,  and  to  cause  the 
proper  measures  to  be  taken  to  have  the  same  preserved  for  the 
future  uses  of  the  navy. 

APPROVED,  February  25,  1799. 


AN  ACT  authorizing  the  augmentation  of  the  Marine  Corps. 

[Obsolete.] 
.Be  it  enacted,  frc.,  That  the  President  of  the  United  States  Augmentation  of 

in,  -i  i       •     i          i  i        •        i  i  .  tne  marine  corps. 

shall  be,  and  lie  is  hereby,  authorized  to  cause  the  marme  corps 
in  the  service  of  the  United  States  to  be  augmented,  by  the  ap- 
pointment and  enlistment  of  not  exceeding  two  first  lieutenants/ 
six  second  lieutenants,  eight  surgeons,  [sergeants]  one  hundred 
and  seventy  privates,  and  eighteen  drums  and  fifes,  who  shall 
be  respectively  allowed  the  same  pay,  bounty,  clothing,  and  ra- 
tions, and  shall  be  employed  under  the  same  rules  and  regula- 
tions to  which  the  said  marine  corps  are  or  shall  be  entitled  and 
subject, 

APPROVED,  March  2,  1799. 


AN  ACT  for  the  government  of  the  navy  of  the  United  States. 
[Repealed  by  act,  approved  April  23,  1800.] 

SEC.  1.  Be  it  enacted,  fyc.,  That  the  following  rules  and  re- 
gulations be  adopted  and  put  in  force,  for  the  government  of 
the  navy  of  the  United  States. 


48 

1799.  Article  1.  The  commanders  of  all  ships  and  vessels, belong- 

Duty  of  com-  ing  to  the  United  States,  are  strictly  required  to  show  in  them- 
selves a  good  example  of  honor  and  virtue  to  their  officers  and 
men,  and  to  be  very  vigilant  in  inspecting  the  behavior  of  all 
such  as  are  un-der  them,  and  to  discountenance  and  suppress 
all  dissolute,  immoral,  and  disorderly  practices,  and  also  such  as 
are  contrary  to  the  rules  of  discipline  and  obedience,  and  to 
correct  those  who  are  guilty  of  the  same,  according  to  the  usage 
of  the  sea  service. 

2.  The  commanders  of  the  ships  of  the  United  States,  hav- 

Divine  service,    'mg  O11  board  chaplains,  are  to  take  care  that  divine  service  be 

performed  twice  a  day,  and  a  sermon  preached  on   Sundays, 

unless  bad  weather,  or  other  extraordinary  accidents,  prevent. 

swearing     and      3.   Any  person  who  shall  be  guilty  of  profane  swearing,  or 

drunkenness     to      ;.   -.          ,  •/?  •  i      n  i 

be  punished.  of  drunkenness,  if  a  seaman  or  marine,  shall  be  put  in  irons  un- 
til sober,  and  then  flogged  if  the  captain  shall  think  proper ;  but 
if  an  officer,  he  shall  forfeit  two  days'  pay,  or  incur  such  pun- 
ishment as  a  court  martial  shall  impose,  and  as  the  nature  and 
degree  of  the  offence  shall  deserve. 

to0SSagreantS  4.  No  commander,  for  any  offence,  shall  inflict  any  punish- 
punishment  than  ment  upon  a  seaman  or  marine  beyond  twelve  lashes  upon  his 

twelve  lashes,—   ,  ,     r,          .  ,  f      .         A    .,   J          ,  - 

bare  back  with  a  cat  or  nine  tails,  and  no  other  cat  shall  be 
made  use  of  on  board  any  ship  of  war,  or  other  vessel  belong- 
ing to  the  United  States;  if  the  fault  shall  deserve  a  greater 
punishment.,  he  is  to  apply  to  the  Secretary  of  the  Navy,  the 
commander-in-chief  of  the  navy,  or  the  commander  of  a  squad- 
ron, in  order  to  the  trying  of  him  by  a  court  martial ;  and  in  the 
mean  time  he  may  put  him  under  confinement. 

Nor  to  discharge  5.  The  commander  is  never  by  his  own  authority  to  dis- 
waSnt^officers"  charge  a  commission  or  warrant  officer,  nor  to  punish  or  strike 
&c-  '  him,  but  he  may  suspend  or  confine  him,  and  shall  report  the 

case  to  the  Secretary  of  the  Navy,  or  commandant  of  a  squad- 
ron, as  soon  as  he  arrives  in  port,  if  at  sea,  or  if  in  port  in  ten 
days,  in  order  that  a  court  martial  may  decide  on  the  offence, 
officer  occasion*     6.  The  officer  who  commands  by  accident  in  the  captain  or 
n-  commander's  absence,  (unless  he  be  absent  for  a  time  by  leave,) 
shall  not  order  any  correction  but  confinement,  and  upon  the 
captain's  return  on  board  he  shall  then  give  an  account  of  his 
reasons  for  so  doing. 
Articles  of  war  to      7.  The  captain  is  to  cause  the  articles  of  war  to  be  hung  up 
Jead!11^  up  and  in  some  public  place  of  the  ship,  and  read  to  the  ship's  compa- 
ny once  a  month. 

seamen  to  be  en-  8.  Whenever  a  captain  shall  enter  or  enlist  a  seaman,  he 
looeks?ntheship's  slia11  take  care  to  enter  on  his  books  the  time  and  terms  of  his 

entering,  in  order  to  his  being  justly  paid. 

netum  of  officers  9.  The  captain  shall,  before  he  sails,  make  return  to  the  Se- 
raade™&c.to  be  cretaiy  of  the  Navy  a  complete  list  of  all  his  officers  and  men, 
with  the  time  and  terms  of  their  entering,  and  during  his  cruise  or 
station  shall  keep  a  true  account  of  the  desertion  or  death  of  any 
of  them,  and  of  the  entering  of  others,  and  after  the  expiration 
of  the  time  for  which  they  were  entered,  and  before  any  of  them 


49 

are  paid  off,  he  shall  make  return  of  a  complete  list  of  the  same,       1799. 
including  those  who  shall  remain  on  board  his  ship. 

10.  The  men  shall,  at  their  request,  be  furnished  with  slops  SedwiaTsiop«" 
that  are  necessary,  by  order  of  the  captain,  arid  the  amount 
delivered  to  each  man  shall  be  regularly  returned    by  the  pur- 
ser, so  that  the  same  be  stopped  out  of  his  pay. 

11.  All  officers,  not  having  commissions  or  warrants,  (or  ap-  who  are  petty  of- 
pointed  commission  or  warrant  officers  for  the  time  being,)  are  hc 

termed  petty,  or  inferior,  officers. 

12.  Whenever  any  inferior  officer,  seaman,  or  other  person,  Petty  officers  and 
be  turned  over  into  the  ship  of  a  commander  other  than  the 

one  with  whom  he  entered,  he  is  not  to  be  rated  on  the  ship's 
books  in  a  worse  quality, .or  lower  degree  or  station,  than  he 
served  in  the  ship  he  was  removed  from ;  and  for  the  guide  of 
the  captain,  he  is  to  demand  from  the  commander  of  the  ship 
from  which  such  person  or  persons  were  turned  over,  a  list, 
under  his  hand,  of  his  or  their  names,  and  the  quality  in  which 
he  or  they  served. 

13.  Any  officer,  seaman  or  other  person,  entitled  to  wages  or  wages  and  prize 
prize  money,  may  have  the  same  paid  to  his  assignee,  provided  Sto assignee?. 
the  assignment  be  attested  by  the  captain  and  the  purser ;  but 

the  captain  or  commander  of  every  vessel  in  the  service  of  the 
United  States  is  to  discourage  his  crew  from  selling  any  part  of 
their  wages  or  prize  money,  and  never  to  attest  the  letier  of  at- 
torney until  he  is  satisfied  that  the  same  is  not  granted  in  con- 
sideration of  money  given  for  the  purchase  of  wages,  or  shares 
of  prize  money. 

14.  When  any  officer  or  other  person  dies,  the  captain  is  in  case  of  death, 
forthwith  to  have  his  name  entered  on  the  books  of  the  ship,  emere'Ton0  the 
in  order  to  the  wages  being  forthwith  paid  to  his  executors  or  books- 
administrators. 

15.  A  convenient  place  shall  be  set  apart  for  the  sick 
men,  to  which  they  are  to  be  removed,  with  their  hammocks 
and  bedding,  when  the  surgeon  shall  advise  the  same  to  be  ne- 
cessary, and  some  of  the  crew  shall  be  appointed  to  attend 
them,  and  keep  the  place  clean ;  cradles  and  buckets  with  cov- 
ers shall  be  made  for  their  use,  if  necessary. 

16.  All  ships  furnished  with  fishing  tackle,  being  in  such  Fishing. 
places  where  fish  is  to  be  had,  the  captain  is  to  employ  some  of 

the  company  in  fishing.  The  fish  to  be  daily  distributed  to 
such  persons  as  are  sick,  or  upon  recovery,  provided  the  sur- 
geon recommend  it,  and  the  surplus,  by  turns,  amongst  the 
messes  of  the  officers  and  seamen,  gratis,  without  any  deduc- 
tion of  their  allowance  of  provisions  on  that  account. 

17.  It  is  left  to  the  discretion  of  commanders  of  squadrons  in  case  of 
to  shorten  the  allowance  of  provisions  according  to  the  exigence  ofp 

of  the  service,  taking  care  that  the  men  be  punctually  paid  for  be  8horten«d- 
the  same  ;  the  like  power  is  given  to  captains  of  ships  acting 
singly,  where  it  is  deemed  necessary;  and  if  there  should  be  a 
want  of  pork,  the  captain  is  to  order  three  pounds  of  beef  to  be 
issued  in  lieu  of  two  pounds  of  pork. 

4 


50 

1T99.          18.  If  any  ships  of  the  United  States  shall  happen  to  come 

warrant  for  sup-  into  port  in  want  of  provisions,  the  warrant  of  the  commander 

1S'  of  the  squadron,  or  of  a  captain  where  there  is  no  commander 

of  a  squadron  present,  shall  be  sufficient  to  procure  the  supply 

of  the  quantity  wanted,  from  the  agent  or  navy  agent,  at  such 

port. 

Provisions  to  be  19.  The  captains  are  frequently  to  cause  to  be  inspected  the 
condition  of  the  provision,  and  if  the  bread  proves  damp,  to 
have  it  aired  upon  the  quarter  deck,  and  other  convenient 
places,  and  in  case  of  the  pickle  being  leaked  out  of  the  flesh 
casks,  he  is  to  have  new  pickle  made  and  put  therein,  after  such 
casks  are  repaired. 

clothes,  etc.,  of     20.  The  captain  shall  cause  the  purser  to  secure  the  clothes, 
to  be  bedding,  and  olher  things,  of  such  persons  as  shall  die  or  be 
killed,  to  be  delivered  to  their  executors  or  administrators. 

^'  ^  papers,  charter-parties,  bills  of  lading,  passports,  and 
vessels  to  be  pre- other  writings  whatsoever,  found  on  board  any  ship  or  ships 
which  shall  be  taken,  shall  be  carefully  preserved,  and  the  ori- 
ginals sent  to  the  court  of  justice  for  maritime  affairs,  appoint- 
ed, or  to  be  appointed,  for  judging  concerning  such  prize  or 
Persons  Destroy-  prizes,  and  if  any  person  or  persons  shall  wilfully  or  negligently 
forfeiutSIr  prize  destroy  or  suffer  to  be  destroyed  any  such  paper  or  papers,  he 
money.  or  foGy  so  offending  shall  forfeit  his  or  their  share  of  such  prize 

or  prizes,  and  suffer  such  other  punishment  as  they  shall  be 
Penalty  on  steal- judged  by  a  court  martial  to  deserve  ;  and  if  any  person  or  per- 
ing  certain  things  sons  shall  embezzle  or  steal,  or  take  away  any  cables,  anchors, 
sails,  or  any  of  the  ship's  furniture,  or  any  of  the  powder,  arms, 
ammunition,  or  provisions  of  any  ship  belonging  to  the  United 
States,  or  of  any  prize  taken  by  a  ship  or  ships  aforesaid,  or  mal- 
treat or  steal  the  effects  of  any  prisoner,  he  or  they  so  offend- 
ing shall  suffer  such  punishment  as  a  court  martial  shall  order. 
Preparation  for  22.  When  in  sight  of  any  ship,  ships,  or  other  vessels  of  the 
enemy,  or  at  such  other  times  as  may  appear  necessary  to  pre- 
pare for  an  engagement,  the  captain  shall  order  all  things  in  his 
ship  in  a  proper  posture  for  fight,  and  shall,  in  his  own  person, 
and  according  to  his  duty,  heart  on  and  encourage  the  inferior 
officers  and  men  to  fight  courageously,  and  not  to  behave  them- 
selves faintly  or  cry  for  quarters,  on  pain  of  such  punishment 
as  the  offence  shall  appear  to  deserve  for  his  neglect. 

cowardice.  23.  Any  captain,  officer,  or  other  person,  who  shall  not  exert- 

himself,  or  who  shall  basely  desert  his  duty  or  station  in  the 
ship,  and  run  away  while  the  enemy  is  in  sight,  or  in  time  of 
action,  or  shall  entice  others  to  do  so,  shall  suffer  death,  or  such 
other  punishment  as  a  court  martial  shall  inflict. 

Mutiny  and  sedi-  24.  Any  officer,  seaman,  mariner,  or  other  person,  who  shall 
disobey  the  orders  of  his  superior,  or  begin,  excite,  cause,  or  join 
in,  any  mutiny  or  sedition  in  the  ship  to  which  he  belongs,  or 
in  any  other  ship  or  vessel  in  the  service  of  the  United  States,  on 
any  pretence  whatsoever,  shall  suffer  death,  or  such  other  punish- 
ment as  a  court  martial  shall  direct ;  and  further,  any  person, 
in  any  ship  or  vessel  belonging  to  the  service  aforesaid,  who 


51 

shall  utter  any  words  of  sedition  and  mutiny,  or  endeavor  to       1799. 
make  any  mutinous  assembly  on   any   pretence  whatsoever,  ~~ 
shall  suffer  such  punishment  as  a  court  martial  shall  inflict. 

25.  None  shall  presume  to  quarrel  with  or  strike  his  superior  Quarreling  w 
officer,  on  pain  of  such  punishment  as  a  court  martial  shall  or-  perS'offifSn 
der  to  be  inflicted. 

26.  If  any  person  shall  apprehend  he  has  just  cause  of  com-    auae 
plaint,  he  shall  quietly  and  decently  make  the  same  known  to  made  known, 
his  superior  officer,  or  to  the  captain,  as  the  case  may  require, 

who  shall  take  care  that  justice  be  done  him. 

27.  There  shall  be  no  quarreling  or  fighting  between  ship-  Quarreling   and 

1-11          •  i        ••  T    •       j    n  *    fighting,  etc. 

mates  on  board  any  ship  belonging  to  the  United  States,  nor 
shall  there  be  used  any  reproachful  or  provoking  speeches, 
tending  to  make  quarrels  and  disturbances,  on  pain  of  impri- 
sonment, or  of  such  punishment  as  the  captain  or  a  court  mar- 
tial shall  judge  proper  to  inflict. 

28.  If  any  person  shall  sleep  upon  his  watch,  or  negligently  Neglect  of  duty. 
perform  the  duty  which  shall  be  enjoined  him  to  do,  he  shall 

suffer  such  punishment  as  the  captain  or  a  court  martial  shall 
inflict. 

29.  All  murder  shall  be  punished  with  death.  Murder. 

30.  All  robbery  and  theft,  not  exceeding  twenty  dollars,  shall  Robbery  &  theft, 
be  punished  at  the  discretion   of  the  captain,  and  above  that 

sum  as  a  court  martial  shall  inflict. 

31.  Any  master  of  arms,  or  other  person  of  whom  the  like  Master  of  arms 

j     .  ",  .,,,.'  ,          .  .    misbehaving. 

duty  may  be  required,  refusing  to  receive  sucn  prisoner  or  pri- 
soners, as  shall  be  committed  to  his  charge,  or  having  received 
them  shall  suffer  him  or  them  to  escape,  or  dismiss  them  with- 
out orders  from  his  captain,  the  commander-in-chief  of  the  navy, 
or  the  commander  of  a  squadron,  for  so  doing,  shall  suffer  in 
his  or  their  stead  as  a  court  martial  shall  order  and  direct. 

32.  The  captains,  officers,  and  others,  shall  use  their  utmost  Duty  of  detecting 
endeavors  to  detect,  apprehend,  and  bring  to  punishment,  all 
offenders,  and  shall   at  all  times  readily  assist  all  officers  and 

others  appointed  for  that  purpose,  in  the  discharge  of  such  duty, 
when  it  is  required,  on  pain  of  being  proceeded  against  and 
punished  by  a  court  martial  at  discretion. 

33.  If  any  officer  whatsoever,  mariner,  marine,  soldier,  or  other  correspondence 
person,  belonging  to  any  ship  or  vessel  of  war  in  the  service  rebeis?nenues  OT 
of  the  United  States,  shall  give,  hold,  or  entertain,  intelligence, 

to  or  with  any  enemy  or  rebel,  without  leave  from  the  Govern- 
ment, commander-in-chief,  or,  in  case  of  a  single  ship,  from  his 
captain,  ever)'"  such  person  so  offending,  and  being  thereof  con- 
victed by  the  sentence  of  a  court  martial,  shall  be  punished  with 
death. 

34.  If  any  letter  or  message  from  an  enemy,  or  a  rebel,  be  Letters  ormessa- 
conveyed  to  any  officer,  mariner,  marine,  or  other  person,  be-  oV%ebSsentombe 
longing  to  any  ship  or  vessel  in  the  service  of  the  United  States, made  known* 
and  the  person  as  aforesaid  shall  not,  within  twelve  hours,  hav- 
ing opportunity  so  to  do,  acquaint  his  superior  or  commander- 
in-chief  with  it;  or  if  any  superior  officer,  being  acquainted 


52 

1799.  therewith,  shall  not  in  convenient  time  reveal  the  same  to  the 
~~  commander-in-chief,  commander  of  a  squadron,  or  other  proper- 
officer,  appointed  to  take  cognizance  of  such  offence,  every 
such  person  so  offending,  and  being  convicted  thereof  by  the 
sentence  of  a  court  martial,  shall  be  punished  with  death,  or 
such  other  punishment  as  the  nature  and  degree  of  the  offence 
shall  deserve,  and  according  to  the  sentence  of  a  court  martial. 

gpies  35.  All  spies,  and  all  persons  whatsoever  who  shall  come  or 

be  found  in  the  nature  of  spies,  to  bring  or  deliver  any  seducing 
letter  or  message  from  an  enemy  or  rebel,  or  endeavor  to  cor- 
rupt any  captain, officer,  mariner,  marine,  or  other  person,  in  the 
fleet,  to  betray  his  trust,  being  convicted  of  any  such  offence  by 
the  sentence  of  a  court  martial,  shall  be  punished  with  death, 
or  such  other  punishment  as  the  nature  and  degree  of  the  of- 
fence shall  deserve,  and  the  court  martial  shall  impose. 

supplying  enc-  36.  No  person  in  a  fleet,  or  in  a  single  ship  or  vessel,  shall 
supply  an  enemy  or  rebel  with  stores,  money,  victuals,  arms, 
ammunition,  or  any  kind  of  stores,  directly  or  indirectly,  upon 
pain  of  death,  or  such  other  punishment  as  a  court  martial  shall 
think  fit  to  impose,  and  as  the  nature  and  degree  of  the  crime 
shall  deserve. 

£™eMmawaetc°      ^'  ^verY  Person  m  or  belonging  to  any  ship  or  vessel  in 
orCyfe"ding'ceow-the  service  of  the  United  States,  who  shall  desert  or  run  away 
ardiy,  etc.         wjta  anv  vesse}  or  boat,  to  the  enemy  or  otherwise,  or  with  any 
effects  of  the  United  States  whatsoever,  or  yield  up  the  same 
cowardly  or  treacherously,  shall  suffer  death,  or  such  other  pun- 
ishment as  a  court  martial  shall  inflict. 

Duty  as  to  con-  33,  rjpne  officers  and  seamen,  etc.,  of  all  ships  appointed  for 
convoy  and  guard  of  merchantmen, shall  diligently  attend  upon 
that  charge  without  delay,  according  to  their  instructions,  and 
whosoever  shall  be  faulty  therein,  shall  be  punished  as  a  court 
martial  shall  direct. 

penalty  on  recei-  39.  If  any  captain,  commander,  or  other  officer,  of  any  ship 
or  vessel  in  the  service  of  the  United  States,  shall  receive  or 
permit  on  board  his  vessel  any  goods  or  merchandise,  other  than 
for  the  sole  use  of  his  vessel,  except  gold,  silver  or  jewels,  and 
except  the  goods  and  merchandise  of  vessels  which  may  be  in 
distress  or  shipwrecked,  or  in  imminent  danger  of  being  ship- 
wrecked, or  in  order  to  preserve  them  for  the  proper  owner, 
without  legal  orders  from  the  naval  department,  every  person 
so  offending,  being  convicted  thereof  by  the  sentence  of  a  court 
martial,  shall  be  cashiered,  and  be  forever  afterwards  rendered 
incapable  to  serve  in  any  place  or  office  in  the  navy  service  of 
the  United  States. 

40.  There  shall  be  no  wasteful  expense  of  any  powder,  shot, 
"&  ammunition,  or  other  stores,  in  the  vessels  belonging  to  the 
United  States,  nor  any  embezzlement  thereof,  but  the  stores 
and  provisions  shall  be  carefully  preserved,  upon  pain  of  such 
punishment,  to  be  inflicted  upon  the  offenders,  abettors,  buy- 
ers and  receivers,  as  shall  be  by  a  court  martial  found  just  in 
that  behalf. 


53 

41.  Every  person  in  the  navy  who  shall  unlawfully  burn  or       1799. 
set  fire  to  any  kind  of  public  property,  not  then  appertaining  unlawfully  set- 

J  ill--          i       /•  i        j?  ting  fire  to  public 

to  an  enemy,  pirate,  or  rebel,  being  convicted  of  any  such  of-  property. 
fence  by  the  sentence  of  a  court  martial,  shall  suffer  death. 

42.  Care  shall  be  taken  in  steering  and  conducting  every  care  to  be  used 
ship  belonging  to  the  United  States,  so  that  through  wilfulness, m 
negligence,  or  other  defaults,  no  ship  be  stranded  or  hazarded, 

upon  pain  that  such  as  shall  be  found  guilty  therein  be  pun- 
ished as  the  offence,  by  a  court  martial,  shall  be  judged  to  de- 
serve. 

43.  Every  officer  or  other  person  in  the  navy,  who  shall  JfJ^'  a 
knowingly  make  or  sign  a  false  muster,  or  procure  the  making 

or  signing  thereof,  or  shall  aid  or  abet  in  the  same,  shall  be 
cashiered,  and  rendered  incapable  of  further  employment  in  the 
navy  service  of  the  United  States,  and  shall  forfeit  all  the  pay 
and  subsistence  money  due  him. 

44.  Every  person  guilty  of  mutiny,  desertion,  or  disobedience  J£jJJ^d  ^SS^ 
to  his  superior  officer  on  shore,  acting  in  the  proper  line  of  his  dience'on  shore, 
duty,  shall  be  tried  by  a  court  martial,  and  suffer  the  like  pun- 
ishment for  every  such  offence,  as  if  the  same  had  been  com- 
mitted at  sea,  on  board  any  ship  or  vessel  of  war  in  the  service 

of  the  United  States. 

45.  If  any  person,  belonging  to  any  ship  or  vessel  of  war  in 
the  service  of  the  United  States,  shall,  when  on  shore,  on  duty  bu 
or  otherwise,  plunder,  abuse,  or  maltreat,  any  inhabitant,  or  in- 
jure his  property  in  any  way,  such  person  shall  be  punished  as 

a  court  martial  shall  direct. 

46.  All  faults,  disorders,  and  misdemeanors,  which  shall  be  punishment    of 
committed  on  board  any  ship  belonging  to  the  United  States,  JJjj gpS"^ 
and  which  are  not  herein  mentioned,  shall  be  punished  accord- 
ing to  the  laws  and  customs  in  such  cases  at  sea. 

47.  No  court  martial,  to  be  held  or  appointed  bv  virtue  of  HOW  a  court  mar- 

,  1  •  in  •  r-  i  i  •  i  i  /•        tial  shall  be  com- 

tms  act,  shall  consist  or  more  than  thirteen,  nor  less  than  live  posed, 
persons,  to  be  composed  of  such  commanders  of  squadrons, 
captains,  and  sea  lieutenants,  as  are  then  and  there  present,  and 
as  are  next  in  seniority  to  the  officer  who  presides ;  but  no  lieu- 
tenant shall  sit  on  a  court  martial  held  on  a  captain,  or  a  ju- 
nior lieutenant  on  that  of  a  senior. 

48.  Every  member  of  a  court  martial  shall  take  the  follow- 
ing  oath:  "I,  A.  B.  do  swear,  that  I  will  well  and  truly  try 
and  impartially  determine  the  cause  of  the  prisoner  now  to  be 
tried,  according  to  the  rules  of  the  navy  of  the  United  States — 
So  help  me  God."     Which  oath  shall  be  administered  by  the 
president  to  the  other  members,  and  the  president  himself  shall 
be  sworn  by  the  officer  next  in  rank ;  and  as  soon  as  the  above 
oath  shall  have  been  administered,  the  president  of  the  court  is 
required  to  administer  to  the  judge  advocate,  or  person  official-  Judge  advocate,, 
ing   as  such,    an    oath  in  the  following  words :    "  I,  A.  B. 

do  swear,  that  I  will  not,  upon  any  account,  at  any  time 
whatsoever,  disclose  or  discover  the  vote  or  opinion  of  any  par- 
ticular member  of  this  court  martial,  unless  thereto  required  by 


54 

1T99.      an  act  of  Congress  —  So  help  me  God."  And  all  the  witnesses', 

and  witnesses"  before  they  be  admitted  to  give  evidence,  shall  take  the  follow- 

ing oath  :  —  "  I,  A.  B.  do  swear,  that  the  evidence  I  shall  give 

in  the  cause  now  in  hearing,  shall  be  the  truth,  the  whole  truth, 

and  nothing  but  the  truth  —  So  help  me  God." 

sentences,  court      49.  The  sentence  of  a  court  martial  for  any  capital  offence 

S?rcaseslrftoaibe  shall  not  be  put  in  execution  until  it  be  confirmed  by  the  corn- 

confirmed,  etc.    rnander-in-chief  of  the  fleet.     And  it  shall  be  the  duty  of  the 

president  of  every  court  martial,  to  transmit  to  the  commander- 

in-chief  of  the  fleet,  and  to  the  head  of  the  Navy  Department, 

every  sentence  which  shall  be  given,  with  a  summary  of  the 

evidence  and  proceedings  thereon,  as  soon  as  may  be. 

Commander  in  50.  The  commaiider-in-chief  of  the  fleet,  for  the  time  being, 
shall  have  power  to  pardon  and  remit  any  sentence  of  death, 
in  consequence  of  any  of  the  afoiementioned  articles. 
°f  ^EC'  ^'  ^nc^  ^e  it  further  enacted.  That  if  any  person  in  the 
navy  service,  being  called  upon  to  give  evidence  at  any  court 
martial,  shall  refuse  to  give  his  evidence  upon  oath,  or  shall 
prevaricate  in  his  evidence,  or  behave  with  contempt  to  the 
court,  it  shall  and  may  be  lawful  for  such  court  martial  to  pun- 
ish such  offender  by  imprisonment,  at  the  discretion  of  the 
court;  such  imprisonment,  in  no  case,  to  continue  longer  than 
three  months  ;  and  that  all  and  every  person  and  persons  who 
nd  sub-  shall  commit  any  wilful  perjury  in  any  evidence  or  examina- 
thereof.  ^on  UpOn  oath  at  such  court  martial,  or  who  shall  corruptly 
procure  or  suborn  any  person  to  commit  such  wilful  perjury, 
shall  and  may  be  prosecuted  in  any  of  the  courts  of  the  United 
States  by  indictment  or  information.  And  all  and  every  per- 
son, lawfully  convicted  upon  any  such  indictment  or  informa- 
tion, shall  be  punished  with  such  pains  and  penalties  as  are  in- 
flicted for  the  like  offences  by  the  laws  therein  provided. 
,,,  SEC.  3.  And  it  is  hereby  further  enacted,  by  the  authority 

Authority  of  the  .  .          .  i  /*    i 

officers  to  contin-  aforesaid,  1  hat,  in  all  cases  where  the  crews  of  the  snips  or  ves- 
16   JS~  sels  of  the  United  States  shall  be  separated  from  their  vessels,  by 


the  latter  being  wrecked,  lost,  or  destroyed,  all  the  command, 
power,  and  authority,  given  to  the  officers  of  such  ships  or  ves- 
sels, shall  remain  and  be  in  full  force,  as  effectually  as  if  such 
ship  or  vessel  was  not  so  wrecked,  lost,  or  destroyed,  until  they 
shall  be  regularly  discharged  from  the  service  of  the  United 
States,  or  removed  into  son^e  other  of  its  said  ships,  or  until  a 
court  martial  shall  be  held  to  enquire  into  such  loss  of  the  said 

be  held.  s}n*p  or  vessel  ;  and  if,  upon  enquiry,  it  shall  appear  by  the  sen- 

tence of  the  court  martial,  that  all  or  any  of  the  officers,  seamen, 
marines,  and  others,  of  the  said  ship  or  vessel,  did  their  utmost 
to  preserve,  get  off,  or  recover,  the  said  ship  or  vessel,  and  after 
the  loss  thereof  did  behave  themselves  obediently  to  their  su- 
perior officers,  according  to  the  discipline  of  the  navy,  and  the 
said  articles  and  orders  hereinbefore  established,  then  all  the 
B  pay  and  wages  of  the  said  officers  and  seamen,  or  such  of  them 

tinS!  l°  'n~  as  shall  have  done  their  duty  as  aforesaid,  shall  continue  and 
go  on,  and  be  paid  to  the  time  of  their  discharge  or  death  ;  and 


55 

every  such  officer  or  seaman  who,  after  the  wreck  or  loss  of  his       1T99. 
said  ship  or  vessel,  shall  act  contrary  to  the  discipline  of  the  Punishment   for 
navy,  or  the  articles  hereinbefore  established,  or  any  of  &kfa,tiSS$££n***- 
shall  be  sentenced  by  the  said  court  martial,  and  be  punished, 
as  if  the  ship  to  which  he  did  belong  was  not  so  wrecked  or 
destroyed. 

SEC.  4.  And  be  it  further  enacted,  That  all  the  pay  and  Prisoners'  pay  t& 
wages  of  such  officers  and  seamen  of  any  of  the  ships  of  the  g° 
United  States  as  are  taken  by  the  enemy,  and  upon  enquiry  at 
a  court  martial  shall  appear,  by  the  sentence  of  the  said  court, 
to  have  done  their  utmost  to  defend  the  ship  or  ships,  and  since 
the  taking  thereof  to  have  behaved  themselves  obediently  to 
their  superior  officers,  according  to  the  discipline  of  the  navy, 
and  the  said  articles  and  orders  hereinbefore  established,  shall 
continue  and  go  on  as  aforesaid,  until  they  be  exchanged  and 
discharged,  or  until  they  shall  die,  whichever  may  first  happen  : 
provided  always,  that  persons  flying  from  justice  shall  be 
tried  and  punished  for  so  doing. 

SEC.  5.  And  be  it  further  enacted,  That  all  captured  iia-  TO  whom  prize* 
tional  ships  or  vessels  of  war  shall  be  the  property  of  the  Uni- sh 
ted  States ;  all  other  ships  or  vessels,  being  of  superior  force  to 
the  vessel  making  the  capture,  in  men  or  in  guns,  shall  be  the 
sole  property  of  the  captors  ;  and  all  ships  or  vessels  of  inferior 
force  shall  be  divided  equally  between  the  United  States  and 
the  officers  and  men  of  the  vessel  making  the  capture. 

SEC.  6.   And  be  it  further  enacted,  That  the  produce  of  D^tribu 
prizes  taken  by  the  ships  of  the  United  States,  and  bounty  for  bounty! 
taking  the  ships  of  the  enemy,  be  proportioned  and  distributed 
in  the  manner  following,  to  wit : 

1.  To  the  captain  actually  on  board  at  the  time  of  taking  any 
prize,  being  other  than  public  or  national  vessel,  or  ship  of 
war,  three-twentieths  of  that  proportion  of  the  proceeds  belong- 
ing to  the  captors. 

2.  If  such  captain  or  captains  be  under  the  immediate  com- 
mand of  a  commander-in-chief,  or  commander  of  a  squadron, 
having  a  captain  on  board,  such  commander-in-chief,  or  com- 
mander of  a  squadron,  to  have  one  of  the  said  twentieth  parts, 
and  the  captain  taking  the  prize,  the  other  two-twentieth  parts. 

3.  To  the  sea  lieutenants  and  sailing-master,  two  twentieths. 

4.  To  marine  officers,  the  surgeon,  purser,  boatswain,  gun- 
ner, carpenter,  master's  mate,  and  chaplain,  two-twentieths. 

5.  To  midshipmen,  surgeon's  mates,  captain's  clerk,  clergy- 
man or  schoolmaster,  boatswain's  mates,  gunner's  mates,  car- 
penter's   mates,    ship's    steward,    sailmaker,    master-at-arms, 
armorer  and  cockswain,  three-twentieths. 

6.  Gunner's  yeoman,  boatswain's  yeoman,  quarter-masters, 
quarter-gunners,   cooper,   sailmaker's  mates,  sergeant  of  ma- 
rines, corporal  of  marines,  drummer  and  fifer,  and  extra  petty 
officers,  three-twentieths. 

7.  To  seamen,  ordinary  seamen,  marines  and  boys,  seven- 
twentieths. 


56 

1T99.          8.  Any  officer  on  board  having  more  posts  than  one,  is  only 
Distribution     of  entitled  to  the  share  belonging;  to  his  superior  office,  according: 

pnzet money  and  t()  ^  regu,ations  aforesaid. 

9.  Whenever  one  or  more  ships  of  the  United  States  are  in 

shhaiFe%iJuafiy!' l°  si^Qt?  at  tne  time  of  an7  one  or  more  otner  ships  as  aforesaid 
are  taking  a  prize  or  prizes,  or  being  engaged  with  an  enemy, 
and  they  shall  all  be  so  in  sight  when  the  enemy  shall  strike  or 
surrender,  they  shall  share  equally,  according  to  the  number  of 
guns  and  men  on  board  of  each  ship  so  in  sight ;  but  no  pri- 
vateer or  armed  ship,  being  in  sight  of  a  national  ship  of  war 
at  the  taking  of  any  prize,  shall  be  entitled  to  any  share  in  such 
prize  or  prizes. 

10.  Commanders  of  ships  of  war  taking  any  prize  are  to 
commanders   to  transmit,  as  soon  as  possible,  to  the  naval  department,  a  true 
ficewnandmen?f"  list  of  the  officers  and  men  actually  on  board  at  the  taking  of 

such  prize,  inserting  therein  the  quality  of  every  person's  rating; 
and  the  department  aforesaid  is  to  examine  the  said  list  by  the 
ship's  muster  book  to  see  their  agreement,  and  is  to  grant  cer- 
tificates of  the  truth  of  such  list  transmitted,  in  order  that  the 
agents  appointed  by  the  captors  make  payment  of  the  shares 
agreeably  to  this  act. 

11.  In  order  to  define  the  rights  and  privileges  of  command- 
when  the  com- ers-in -chief,  commanders  of  squadrons,  and  captains,  in  relation 

mander- in -chief  T       •         i  •    />  n 

not  to  share.  to  captures,  no  commanoer-in-chiei,  or  commander  of  a 
squadron,  shall  be  entitled  to  receive  any  share  of  prizes  taken 
by  the  ships  of  war  of  the  United  States  that  are  not  put  under 
his  immediate  command,  nor  of  such  prizes  as  may  have  been 
taken  previous  to  such  ship's  being  placed  under  his  command, 
and  until  they  have  acted  under  his  immediate  orders ;  nor  shall 
a  commander-in-chief,  or  commander  of  a  squadron,  returning 
home  from  any  station  where  he  had  the  command,  have  any 
share  in  prizes  taken  by  ships  left  on  such  station  after  he  has 
got  out  of  the  limits  of  his  said  command. 

12.  Captains,  sailing  especially  under  orders  from  the  navy 
captains   acting  department,  are  clearly  to  be  understood  as  acting  separately 

separately.  from  anv  Sllperior  officer. 

Bounty.  13.  The  bounty  given  by  the  United  States  on  any  national 

ship  of  war  taken  from  the  enemy,  and  brought  into  port,  shall 
be  for  every  cannon  mounted,  carrying  a  ball  of  twenty-four 
pounds  or  upwards,  two  hundred  dollars;  for  every  cannon 
carrying  a  ball  of  eighteen  pounds,  one  hundred  and  fifty  dol- 
lars ;  for  every  cannon  carrying  a  ball  of  twelve  pounds,  one 
hundred  dollars ;  and  for  every  cannon  carrying  a  ball  of  nine 
pounds,  seventy-five  dollars ;  for  every  smaller  cannon,  fifty  dol- 
lars ;  and  for  every  officer  and  man  taken  on  board,  forty  dol- 
lars ;  which  sums  are  to  be  divided  agreeably  to  the  foregoing 
articles. 

Rates  of  salvage.  SEC.  7.  And  be  it  further  enacted,  That,  for  the  ships  or 
goods  belonging  to  the  citizens  of  the  United  States,  or  to  the 
citizens  or  subjects  of  any  nation  in  amity  with  the  United 
States,  if  re-taken  from  the  enemy  within  twenty-four  hours, 


57 

the  owners  are  to  allow  one-eighth  part  of  the  whole  value,  for       1799. 
salvage  ;  if  after  twenty-four  hours  and  under  forty-eight,  one-  salvage. 
fifth  thereof;  if  above  that  and  under  ninety-six  hours,  one-third 
part  thereof;  and  if  above  that,  one-half;  all  of  which  is  to  be 
paid  without  any  deduction  whatsoever,  agreeably  to  the  arti- 
cles hereinbefore  mentioned. 

SEC.  8.  And  be  it  further  enacted,  That  every  officer,  sea-  Allowance  of  hair 
man,  or  marine,  disabled  in  the  line  of  his  duty,  shall  be  enti-  JSbJed  ?nrsthe 
tied  to  receive  for  his  own  life,  and  the  life  of  his  wife,  if  a service- 
married  man  at  the  time  of  receiving  the  wound,  one-half  his 
monthly  pay. 

SEC.  9.  And  be  it  further  enacted.  That  all  the  money  ac-  frize  money  be- 

i  •   i     i  i         i  i     r  i  i          r         •  longing    to     tne 

cruing,  or  which  has  already  accrued,  from  the  sale  of  prizes,  public  to  be  a 
shall  be  and  remain  forever  a  fund  for  the  paj^ment  of  the  half  [SeliSfpay^ etc? 
pay  to  the  officers  and  seamen  who  may  be  entitled  to  receive 
the  same;  and  if  the  said  fund  shall  be  insufficient  for  this  pur 
pose,  the  public  faith  is  hereby  pledged  to  make  up  the  defi- 
ciency :   but  if  it  should  be  more  than  sufficient,  the  surplus  shall 
be  applied  as  Congress  may  hereafter  direct  by  law,  to  the  mak- 
ing of  further  provision  for  the  comfort  of  the  disabled  officers, 
seamen,  and  marines,  and  for  such  as  may  not  be  disabled,  who 
may  merit  by  their  bravery,  or  their  long  and  faithful  services, 
the  gratitude  of  their  country. 

SEC.  10.  And  be  it  further  enacted,  That  the  said  fund  5Jjnf^edment  of 
shall  be  under  the  management  and  direction  of  the  Secretary 
of  the  Navy,  the  Secretary  of  the  Treasury,  and  the  Secretary  of 
War,  for  the  time  being,  who  are  hereby  authorized  to  receive 
all  such  sums  as  the  United  States  may  be  entitled  to  from  the 
sale  of  prizes,  and  to  invest  the  same,  and  the  interest  arising 
therefrom,  in  such  of  the  six  per  cent,  or  other  stock  of  the 
United  States,  as  a  majority  of  them  from  time  to  time  shall  de- 
termine to  be  the  most  advantageous ;  and  it  shall  be  the  duty 
of  the  said  commissioners  to  lay  before  Congress,  every  year,  in 
the  first  week  of  their  annual  meeting,  a  minute  and  correct 
statement  of  their  proceedings  in  relation  to  the  management 
of  said  fund. 

SEC.  11.  And  be  it  further  enacted,  That  no  rules  or  regu-  Private  rules  to 
lations,  made  by  any  commander-in- chief,  or  captain,  in  the  ser-  SlnTth^us^- 
vice  of  the   United  States,  for  the  stationing,  designating  of  esof  the  sea ser- 
duty,  and  government  of  the  fleet,  or  any  of  the  crews  of  any 
ship  of  war,  shall  be  at  variance  with  this  act,  but  shall  be  strictly 
conformable  thereto;  and  that  every  commander-in- chief  and 
captain,  in  making  private  rules  and  regulations,  and  designat- 
ing the  duty  of  his  officers,  shall  keep  in  view  also  the  custom 
and  usage  of  the  sea-service  most  common  to  our  nation. 

APPROVED,  March  2,  1799. 


58 

800.  [An  act,  approved  March  2,  1799,  allows  to  the  Secretary  of  the  Navy  a  sala- 

ry  of  $4,500 ;  and  to  the  Accountant  of  the  Navy  Department  a  salary  of 

$2,000  per  annum.] 


.-. 
AN  ACT  in  addition  to  "  An  act  for  the  relief  of  sick  and  disabled  seamen." 

SEC.  1.   [Authorizes  the  President  to  direct  the  expenditure 
of  moneys  collected  by  virtue  of  an  act,  approved  July  16, 
1798,  "  for  the  relief  of  sick  and  disabled  seamen."] 
secretary  of  the      SEC.  2.  The  Secretary  of  the  Navy  shall  be,  and  he  hereby 
2oavycentsdedpeMs'  autnorized  and  directed  to  deduct,  after  the  first  day  of  Sep- 
month  from  the  tember  next,  from  the  pay  thereafter  to  become  due,  of  the  offi- 
'•  cers,  seamen,  and  marines,  of  the  navy  of  the  United  States,  at 
the  rate  of  twenty  cents  per  month,  for  every  such  officer,  sea- 
man, and  marine,  and  to  pay  the  same  quarter  annually  to  the 
Secretary  of  the  Treasury,  to  be  applied  to  the  same  purposes  as 
the  money  collected  by  virtue  of  the  abovementioned  act  is 
appropriated. 

officers, seamen,  SEC.  3.  The  officers,  seamen,  and  marines,  of  the  navy  of 
tSena^wStied  the  United  States,  shall  be  entitled  to  receive  the  same  benefits 
thethacrof fijuiy  an^  advantages  as,  by  the  act  abovementioned,  are  provided  for 
is,  1798.  the  relief  of  the  sick  and  disabled  seamen  of  the  merchant  ves- 

sels of  the  United  States. 

APPROVED,  March  2,  1799. 


AN  ACT   authorizing  the  President  of  the  United  States  to  fill  certain  vacan- 
cies in  the  army  and  navy. 

[Obsolete.] 

President  autho-      Be   it   enacted,  fyc.,    That  the   President  of   the   United 
rized  to    make  States  shall  be,  and  he  is  hereby,  authorized  to   make  ap- 

appomlments    to  *_,  ,J  '  .  i  •    i 

fill  vacancies  m  pomtments  to  fill  any  vacancies  in  the  army  and  navy  which 
"*  may  nave  happened  during  the  present  session  of  the  Senate. 

APPROVED,  March  3,  1799. 


AN  ACT  fixing  the  rank  and  pay  of  the  commanding  officer  of  the  corps  of 

marines. 

[Obsolete.] 

Be  it  enacted,  $c.,  That  a  lieutenant-colonel  command- 
ant shall  be  appointed  to  command  the  corps  of  marines,  and 
shall  be  entitled  to  the  same  pay  and  emoluments  as  a  lieu- 
?oammanLPgaoffiftenant-C()lonel  in  the  army  of  the  United  States;  any  thing  in 
COT  °s the  marine  the  act  f°r  the  establishing  and  organizing  a  marine  corps  to  the 
contrary  notwithstanding ;  and  that  the  office  of  major  of  the 
said  corps  shall  thereafter  be  abolished. 

APPROVED,  April  22,  1800. 


59 

AN  ACT  for  the  better  government  of  the  navy  of  the  United  States.  1800. 


SEC.  1.  Be  it  enacted,  fyc..  That,  from  and  after  the  first 
day  of  June  next,  the  following  rules  and  regulations  be  adopt- 
ed and  put  in  force,  for  the  government  of  the  navy  of  the  Uni- 
ted States. 

Art.  1.  The  commanders  of  all  ships  and  vessels  of  war  be- 
longing to  the  navy  are  strictly  enjoined  and  required  to  show  ductmpinacumbent 
in  themselves  a  good  example  of  virtue,  honor,  patriotism,  and  on  commanders- 
subordination,  and  be  vigilant  in  inspecting  the  conduct  of  all 
such  as  are  placed  under  their  command  ;  and  to  guard  against, 
and  suppress,  all  dissolute  and  immoral  practices,  and  to  correct 
all  such  as  are  guilty  of  them,  according  to  the  usage  of  the  sea 
service. 

Art.  2.  The  commanders  of  all  ships  and  vessels  in  the 
navy,  having  chaplains  on  board,  shall  take  care  that  divine 
service  be  performed  in  a  solemn,  orderly,  and  reverent  man- 
ner twice  a  day,  and  a  sermon  preached  on  Sunday,  unless  bad 
weather,  or  other  extraordinary  accidents  prevent  it :  and  that 
they  cause  all,  or  as  many  of  the  ship's  company  as  can  be 
spared  fram  duty,  to  attend  at  every  performance  of  the  wor- 
ship of  Almighty  God. 

Art.  3.  Any  officer,  or  other  person,  in  the  navy,  who  shall  punishment    of 
be  guilty  of  oppression,  cruelty,  fraud,  profane  swearing,  drunk-  iCoTsaoffencCeTda 
enness,  or  any  other  scandalous  conduct,  tending  to  the  destruc- 
tion of  good  morals,  shall,  if  an  officer,  be  cashiered,  or  suffer 
such  other  punishment  as  a  court  martial  shall  adjudge :  if  a 
private,  shall  be  put  in  irons,  or  flogged,  at  the  discretion  of  the 
captain,  not  exceeding  twelve  lashes ;  but  if  the  offence  require 
severer  punishment,  he  shall  be  tried  by  a  court  martial,  and 
suffer  such  punishment  as  said  court  shall  inflict. 

Art.  4.  Every  commander,  or  other  officer,  who  shall,  upon 
signal  for  battle,  or  on  the  probability  of  an  engagement,  ne-  Penalties  on  the 

,          i  •       i  •       /.  •  i     n  ?.  breach  of  duty  in 

gleet  to  clear  his  ship  for  action,  or  shall  not  use  his  utmost  ex-  respect  of  attack 
ertions  to  bring  his  ship  to  battle,  or  shall  fail  to  encourage,  in  and  battle< 
his  own  person,  his  inferior  officers  and  men  to  fight  courage- 
ously, such  offender  shall  suffer  death,  or  such  other  punish- 
ment as  a  court  martial  shall  adjudge;  or  any  officer  neglecting, 
on  sight  of  any  vessel  or  vessels  of  an  enemy,  to  clear  his  ship 
for  action,  shall  suffer  such  punishment  as  a  court  martial  shall 
adjudge ;  and  if  any  person  in   the  navy  shall  treacherously 
yield,  or  pusillanimously  cry  for  quarters,  he  shall  suffer  death, 
on  conviction  thereof,  by  a  general  court  martial. 

Art.  5.  Every  officer,  or  private,  who  shall  not  properly  ob-  punishment  for 
serve  the  orders  of  his  commanding  officer,  or  shall  not  use  hisnot  observing  Or- 
utmost  exertions  to  carry  them  into  execution,  when  ordered  to 
prepare  for,  join  in,  or  when  actually  engaged  in,  battle ;  or 
shall  at  such  time  basely  desert  his  duty  or  station,  either  then, 
or  while  in  sight  of  an  enemy,  or  shall  induce  others  to  do  so, 
every  person  so  offending  shall,  on  conviction  thereof  by  a  gen- 
eral court  martial,  suffer  death  or  such  other  punishment  as  the 
said  court  shall  adjudge. 


60 

1800.  Art.  6.  Every  officer,  or  private,  who  shall,  through  coward- 
for  ice,  negligence,  or  disaffection,  in  time  of  action,  withdraw  from, 
geSr,lor '  dS- or  keep  out  of  battle,  or  shall  not  do  his  utmost  to  take  or  de- 
stroy every  vessel  which  it  is  his  duty  to  encounter,  or  shall  not 
do  his  utmost  endeavor  to  afford  relief  to  ships  belonging  to  the 
United  States,  every  such  offender  shall,  on  conviction  thereof 
by  a  general  court  martial,  suffer  death,  or  such  other  punish- 
ment as  the  said  court  shall  adjudge. 

Papers  to  be  -Art.  7.  The  commanding  officer  of  every  ship  or  vessel  in 
^e  uavYi  wno  sna^  capture,  or  seize  upon,  any  vessel  as  a  prize, 
shall  carefully  preserve  all  the  papers  and  writings  found  on 
board,  and  transmit  the  whole  of  the  originals,  unmutilated,  to 
the  judge  of  the  district  to  which  such  prize  is  ordered  to  pro- 
ceed, and  shall  transmit  to  the  Navy  Department,  and  to  the 
agent  appointed  to  pay  the  prize  money,  complete  lists  of  the 
officers  and  men  entitled  to  a  share  of  the  capture,  inserting 
therein  the  quality  of  every  person  rating,  on  pain  of  forfeiting 
his  whole  share  of  the  prize  money  resulting  from  such  capture, 
and  suffering  such  further  punishment  as  a  court  martial  shall 
'  adjudge. 

Penalty  on  piiiag-  Art.  8.  No  person  in  the  navy  shall  take  out  of  a  prize,  or 
maltreating6' the  vesse^  seized  as  a  prize,  any  money,  plate,  goods,  or  any  part  of 
persons  on  board  her  rigging,  unless  it  be  for  the  better  preservation  thereof,  or 
absolutely  necessary  for  the  use  of  any  of  the  vessels  of  the 
United  States,  before  the  same  shall  be  adjudged  lawful  prize 
by  a  competent  court ;  but  the  whole,  without  fraud,  conceal- 
ment, or  embezzlement,  shall  be  brought  in,  and  judgment 
passed  thereon,  upon  pain  that  every  person  offending  herein 
shall  forfeit  his  share  of  the  capture,  and  suffer  such  further 
punishment  as  a  court  martial,  or  the  court  of  admiralty  in 
which  the  prize  is  adjudged,  shall  impose. 

Art.  9.  No  person  in  the  navy  shall  strip  of  their  clothes,  or  pil- 
lage, or  in  any  manner  maltreat,  persons  taken  on  board  a  prize, 
on  pain  of  such  punishment  as  a  court  martial  shall  adjudge, 
intercourse  with      Art.  10.  No  person  in  the  navy  shall  give,  hold,  or  entertain 
JeTsmies  and  re"any  intercourse  or  intelligence  to  or  with  any  enemy  or  rebel, 
without  leave  from  the  President  of  the  United  States,  the  Sec- 
retary of  the  Navy,  the  commander-in-chief  of  the  fleet,  or  the 
commander  of  a  squadron ;  or,  in  case  of  a  vessel  acting  singly, 
from  his  commanding  officer,  on  pain  of  death,  or  such  other 
punishment  as  a  court  martial  shall  adjudge. 

Letter  or  message  -Art.  11.  If  any  letter  or  message  from  an  enemy  or  rebel 
Se  maXetaawn°  ^e  conveved  lo  anv  officer  or  private  of  the  navy,  and  he  shall 
not,  within  twelve  hours,  make  the  same  known,  having  op- 
portunity so  to  do,  to  his  superior  or  commanding  officer ;  or  if 
any  officer  commanding  a  ship  or  vessel,  being  acquainted 
therewith,  shall  not,  with  all  convenient  speed,  reveal  the  same 
to  the  commander-in-chief  of  the  fleet,  commander  of  a  squad- 
ron, or  other  proper  officer,  whose  duty  it  may  be  to  take  cogni- 
zance thereof,  every  such  offender  shall  surfer  death,  or  such 
other  punishment  as  a  court  martial  shall  adjudge. 


61 

Art.  12.  Spies,  and  all  persons  who  shall  come  or  be  found       1800. 
in  the  capacity   of  spies,  or  who  shall  bring  or  deliver  any  se-  spies  simii  suffer 
ducing  letter  or  message  from  an   enemy  or  rebel,  or  endeavor 
to  corrupt  any  person  in  the  navy  to  betray  his  trust,  shall  suf- 
fer  death,  or  such  other  punishment  as  a  court  martial  shall  ad- 
judge. 

Art.  13.  If  any  person  in  the  navy  shall  make,  or  attempt  to  „, 

.  J  *  •      •  i  /.  Mutiny  and  sedi- 

make,  any  mutinous  assembly,  he  shall,  on  conviction  thereof  tion. 
by  a  court  martial,  suffer  death  ;  arid  if  any  person  as  aforesaid 
shall  utter  any  seditious  or  mutinous  words,  or  shall  conceal  or 
connive  at  any  mutinous  or  seditious  practices,  or  shall  treat 
with  contempt  his  superior,  being  in  the  execution  of  his  office; 
or,  being  witness  to  any  mutiny  or  sedition,  shall  not  do  his  ut- 
most to  suppress  it,  he  shall  be  punished  at  the  discretion  of  a 
court  martial. 

Art.  14.    No  officer  or  private  in  the  navy  shall  disobey  the  ?£°i^j^  j£ 
lawful  orders  of  his  superior  officer,  or  strike  him,  or  draw,  or  °f* superior offi- 
offer  to  draw,  or  raise,  any  weapon  against  him,  while  in  the 
execution  of  the  duties  of  his, office,  on  pain  of  death,  or  such 
other  punishment  as  a  court  martial  shall  inflict. 

Art.  15.  No  person  in  the  navy  shall  quarrel  with  any  other  Quarreling. 
person  in  the  navy,  nor  use  provoking  or  reproachful  words, 
gestures,  or  menaces,  on  pain  of  such  punishment  as  a  court 
martial  shall  adjudge. 

Art.  16.  If  any  person  in  the  navy  shall  desert  to  an  enemy  Desertion. 
or  rebel,  he  shall  suffer  death. 

Art.  17.  If  any  person  in  the  navy  shall  desert,  or  shall  en- 
tice others  to  desert,  he  shall  suffer  death,  or  such  other  punish- 
ment as  a  court  martial  shall  adjudge;  and  if  any  officer,  or 
other  person  belonging  to  the  navy,  shall  receive  or  entertain 
any  deserter  from  any  other  vessel  of  the  navy,  knowing  him 
to  be  such,  and  shall  not,  with  all  convenient  speed,  give  no- 
tice of  such  deserter  to  the  commander  of  the  vessel  to  which 
he  belongs,  or  to  the  commander-in-chief,  or  to  the  commander 
of  the  squadron,  he  shall,  on  conviction  thereof,  be  cashiered,  or 
be  punished  at  the  discretion  of  a  court  martial.  All  offences,  offences  commit- 
committed  by  persons  belonging  to  the  navy  while  on  shore, ted  on  shore< 
shall  be  punished  in  the  same  manner  as  if  they  had  been  com- 
mitted at  sea. 

Art.  18.  If  any  person  in  the  navy  shall  knowingly  make  £eaudnited^ateSs 
or  sign,  or  shall  aid, abet,  direct,  or  procure  the  making  or  sign- 
ing, of  any  false  muster,  or  shall  execute,  or  attempt,  or  coun- 
tenance, any  fraud  against  the  United  States,  he  shall,  on  con- 
viction, be  cashiered,  and  rendered  forever  incapable  of  any 
future  employment  in  the  service  of  the  United  States,  and  shall 
forfeit  all  the  pay  and  subsistence  due  him,  and  suffer  such 
other  punishment  as  a  court  martial  shall  inflict. 

Art.  19.  If  any  officer,  or  other  person,  in  the  navy,  shall,  improper  naviga- 

T  i     .  .  J  , .  '  .          J'  '  tion  of  vessels. 

through  inattention,  negligence,  or  any  other  fault,  suffer  any 
vessel  of  the  navy  to  be  stranded,  or  run  upon  rocks  or  shoals, 
or  hazarded,  he  shall  suffer  such  punishment  as  a  court  martial 
shall  adjudge. 


62 

1800.          Art.  20.  If  any  person  in  the  navy  shall  sleep  upon  his 
Negligence m  the  watch,  or  negligently  perform  the  duty  assigned  him,  or  leave 
Surty™tcnce    ofhis  station   before  regularly  relieved,  he  shall  suffer  death,  or 
such  punishment  as  a  court  martial  shall  adjudge;  or,  if  the  of- 
fender be  a  private,  he  may,  at  the  discretion  of  the  captain,  be 
put  in  irons,  or  flogged  not  exceeding  twelve  lashes. 

Murder.  Art.  21.  The  crime  of  murder,  when  committed  by  any  of- 

ficer, seaman,  or  marine,  belonging  to  any  public  ship  or  ves- 
sel of  the  United  States,  without  the  territorial  jurisdiction  of 
the  same,  may  be  punished  with  death  by  the  sentence  of  a 
court  martial. 

Duties  in  relation  Art.  22.  The  officers  and  privates  of  every  ship  or  vessel 
to  convoy.  appointed  as  convoy  to  merchant  or  other  vessels,  shall  diligent- 
ly and  faithfully  discharge  the  duties  of  their  appointment,  nor 
shall  they  demand  or  exact  any  compensation  for  their  services, 
nor  maltreat  any  of  the  officers  or  crews  of  such  merchant  or 
other  vessels,  on  pain  of  making  such  reparation  as  a  court  of 
admiralty  may  award,  and  of  suffering  such  further  punishment 
as  a  court  martial  shall  adjudge. 

Penalty  on  recei-  Art.  23.  If  any  commander  or  other  officer  shall  receive  or 
onboard?1™1  *e  permit  to  be  received,  on  board  his  vessel,  any  goods  or  mer- 
chandise, other  than  for  the  sole  use  of  his  vessel,  except  gold, 
silver,  or  jewels,  and  except  the  goods  or  merchandise  of  ves- 
sels which  may  be  in  distress,  or  shipwrecked,  or  in  imminent 
danger  of  being  shipwrecked,  in  order  to  preserve  them  for  their 
owner,  without  orders  from  the  President  of  the  United  States 
or  the  Navy  Department,  he  shall,  on  conviction  thereof,  be 
cashiered,  and  be  incapacitated  forever  afterwards  for  any 
place  or  office  in  the  navy. 

Waste,  embez-  Art.  24.  If  any  person  in  the  navy  shall  waste,  embezzle, 
plTbiirproperty^ or  fraudulently  buy,  sell,  or  receive,  any  ammunition,  provi- 
sions, or  other  public  stores ;  or  if  any  officer  or  other  person 
shall,  knowingly,  permit,  through  design,  negligence,  or  inat- 
tention, any  such  waste,  embezzlement,  sale  or  receipt,  every 
such  person  shall  forfeit  all  the  pay  and  subsistence  then  due 
him,  and  suffer  such  further  punishment  as  a  court  martial  shall 
direct. 

Burning,  or  des-  Art.  25.  If  any  person  in  the  navy  shall  unlawfully  set  fire 
trroyien  publi°  ^°  or  ^urn  anv  kind  of  public  property,  not  then  in  the  posses- 
sion of  an  enemy,  pirate,  or  rebel,  he  shall  suffer  death :  and 
if  any  person  shall,  in  any  other  manner,  destroy  such  proper- 
ty, or  shall  not  use  his  best  exertions  to  prevent  the  destruction 
thereof  by  others,  he  shall  be  punished  at  the  discretion  of  a 
court  martial. 

Theft  Art.  26.  Any  theft,  not  exceeding  twenty  dollars,  may  be 

punished  at  the  discretion  of  the  captain,  and  above  that  sum, 
as  a  court  martial  shall  direct. 

offences  against      Art.  27.  If  any  person  in  the  navy  shall,  when  on  shore, 
people  on  shore,  plunder,  abuse,  or  maltreat,  any  inhabitant,  or  injure  his  pro- 
perty in  any  way,  he  shall  suffer  such  punishment  as  a  court 
martial  shall  adjudge. 


63 

Art.  28.  Every  person  in  the  navy  shall  use  his  utmost  ex-       1800, 
ertions  to  detect,  apprehend,  and  bring  to  punishment,  all  offend-  Detection  and  ap: 
ers,  arid  shall,  at  all  times,  aid  and  assist  all  persons  appointed  ffi^on 
for  this  purpose,  on  pain  of  such  punishment  as  a  court  martial 
shall  adjudge. 

Art.  29.  Each  commanding  officer  shall,  whenever  a  sea-  "^°"s  and 
man  enters  on  board,  cause  an  accurate  entry  to  be  made  in  the 
ship's  books  of  his  name,  time,  and  term  of  his  service ;  and, 
before  sailing,  transmit  to  the  Secretary  of  the  Navy  a  complete 
list  or  muster  roll  of  the  officers  and  men  under  his  command, 
with  the  date  of  their  entering,  time  and  terms  of  their  service 
annexed;  and  shall  cause  similar  lists  to  be  made  out  on  the 
first  day  of  every  second  month,  to  be  transmitted  to  the  Sec- 
retary of  the  Navy,  as  opportunities  shall  occur ;  accounting  in 
such  lists,  or  muster  rolls,  for  any  casualties  which  may  have 
taken  place  since  the  last  list  or  muster  roll.  He  shall  cause 
to  be  accurately  minuted  on  the  ship's  books,  the  names  of,  and 
times  at  which  any  death  or  desertion  may  occur  ;  and  in  case 
of  death,  shall  take  care  that  the  purser  secure  all  die  property 
of  the  deceased  for  the  benefit  of  his  legal  representative  or  re- 
presentatives. He  shall  cause  frequent  inspections  to  be  made 
into  the  condition  of  the  provisions,  and  use  every  precaution  \SonsU°n°  pr° 
for  its  preservation.  He  shall,  whenever  he  orders  officers  and 
men  to  take  charge  of  a  prize,  and  proceed  to  the  United  States, 
and  whenever  officers  or  men  are  sent  from  his  ship  for  what- 
ever  cause,  take  care  that  each  man  be  furnished  with  a  com- 
plete statement  of  his  account,  specifying  the  date  of  his  enlist- 
ment, and  the  period  and  terms  of  his  service ;  which  account 
shall  be  signed  by  the  commanding  officer  and  purser.  He  shall  Ruies  to  be  hung 
cause  the  rules  for  the  government  of  the  navy  to  be  hung  up  up  and  read. 
in  some  public  part  of  the  ship,  and  read  once  a  month  to  his 
ship's  company.  Pie  shall  cause  a  convenient  place  to  be  set  ^ 

I*         •    i  T      -i  i     i  i'ii         i     11  i  Treatment  of  the 

apart  for  sick  or  disabled  men,  to  which  he  shall  have  them  re-  sick. 
moved,  with  their  hammocks  and  bedding,  when  the  surgeon 
shall  so  advise,  and  shall  direct  that  some  of  the  crew  attend 
them  and  keep  the  place  clean ;  and,  if  necessary,  shall  direct 
that  cradles,  and  buckets  with  covers,  be  made  for  their  use : 
and  when  his  crew  is  finally  paid  off,  he  shall  attend  in  per-  paying  off. 
son,  or  appoint  a  proper  officer,  to  see  that  justice  be  done  to 
the  men,  and  to  the  United  States,  in  the  settlement  of  the  ac- 
counts.    Any  commanding  officer,  offending  herein,  shall  be 
punished  at  the  discretion  of  a  court  martial. 

Art.  30.  No  commanding  officer  shall,  of  his  own  authority,  Treatment  of  in 
discharge  a  commissioned  or  warrant  officer,  nor  strike,  nor  pun-  fe^or  officers  and 
ish  him  otherwise  than  by  suspension  or  confinement,  nor  shall 
he,  of  his  own  authority,  inflict  a  punishment  on  any  private 
beyond  twelve  lashes  with  a  cat-of-nine-tails,  nor  shall  he  suffer 
any  wired,  or  other  than  a  plain,  cat-of-nine-tails,  to  be  used  on 
board  his  ship ;  nor  shall  any  officer  who  may  command  by  ac- 
cident, or  in  the  absence  of  the  commanding  officer  (except 
such  commander  be  absent  for  a  time  by  leave)  order  or  inflict 


64 

800.  any  other  punishment  than  confinement,  for  which  he  shall 
~~  account  on  the  return  of  such  absent  commanding  officer.  Nor 
shall  any  commanding  officer  receive  on  board  any  petty  offi- 
cers or  men,  turned  over  from  any  other  vessel  to  him,  unless 
each  of  such  officers  and  men  produce  to  him  an  account, 
signed  by  the  captain  and  purser  of  the  vessel  from  which  they 
came,  specifying  the  date  of  such  officer's  or  man's  entry,  the 
period  and  terms  of  service,  the  sums  paid  and  the  balance  due 
him,  and  the  quality  in  which  he  was  rated  on  board  such  ship. 
Nor  shall  any  commanding  officer,  having  received  any  petty 
officer  or  man  as  aforesaid,  rate  him  in  a  lower  or  worse  station 
than  that  in  which  he  formerly  served.  Any  commanding  offi- 
cer, offending  herein,  shall  be  punished  at  the  discretion  of  a 
court  martial. 

Master  at  arms.  Art.  31.  Any  master-at-aniis,  or  other  person  of  whom  the 
duty  of  master-at-arms  is  required,  who  shall  refuse  to  receive 
such  prisoners  as  shall  be  committed  to  his  charge,  or  having 
received  them,  shall  surfer  them  to  escape,  or  dismiss  them 
without  orders  from  proper  authority,  shall  suffer  in  such  pri- 
soners'stead,  or  be  punished  otherwise  at  the  discretion  of  a 
court  martial. 

Art.  32.  All  crimes  committed  by  persons  belonging  to  the 

fiedmesnot?peci  navy>  which  are  not  specified  in  the  foregoing  articles,  shall  be 
punished  according  to  the  laws  and  customs  in  such  cases  at 
sea. 

Art.  33.  All  officers,  not  holding  commissions  or  warrants, 

officer/™  pelty  Ol  w^10  aie  not  ent^^ec^  to  triem>  except  such  as  are  temporarily 
appointed  to  the  duties  of  a  commissioned  or  warrant  officer, 
are  deemed  petty  officers. 

Art.  34.    Any  person  entitled  to  wages  or  prize  money  may 
Assignment     ofhave  the  same  paid  to  his  assignee,  provided  the  assignment  be 
money  and  *****  attested  by  the  captain  and  purser  ;  and  in  case  of  the  assign- 
ment of  wages,  the  power  shall  specify  the  precise  time  they 
commence.     But  the  commander  of  every  vessel  is  required  to 
discourage  his  crews  from  selling  any  part  of  their  wages  or 
prize  money,  and  never  to  attest  any  power  of  attorney,  until 
he  is  satisfied  that  the  same  is  not  granted  in  consideration  of 
money  given  for  the  purchase  of  wages  or  prize  money. 

NAVAL    GENERAL    COURTS    MARTIAL. 

Art.  35.  General  courts  martial  may  be  convened  as  often 
napvpa°iintmgenerai as  tlie  President  of  the  United  States,  the  Secretary  of  the  Navy, 
courts  martial,  or  the  commander-in-chlef  of  the  fleet,  or  commander  of  a 
squadron,  while  acting  out  of  the  United  States,  shall  deem  it 
necessary :  provided,  that  no  general  court  martial  shall  con- 
sist of  more  than  thirteen,  nor  less  than  five,  members,  and  as 
many  officers  shall  be  summoned  on  every  such  court  as  can 
be  convened  without  injury  to  the  service,  so  as  not  to  exceed 
thirteen,  and  the  senior  officer  shall  always  preside,  the  others 
ranking  agreeably  to  the  date  of  their  commissions ;  and  in  no 
case,  where  it  can  be  avoided  without  injury  to  the  service,  shall 


« 

65 

more  than  one-half  the  members,  exclusive  of  the  president,  be       1800. 
junior  to  the  officer  to  be  tried. 

Art.  36.  Each  member  of  the  court,  before  proceeding  to 
trial,  shall  take  the  following  oath  or  affirmation,  which  the 
judge  advocate,  or  person  officiating  as  such,  is  hereby  autho- 
rized  to  administer. 

"  I,  A.  B.  do  swear  [or  affirm]  that  I  will  truly  try,  without 
prejudice  or  partiality,  the  case  now  depending,  according  to 
the  evidence  which  shall  come  before  the  court,  the  rules  for 
the  government  of  the  navy,  and  my  own  conscience  ;  and  that 
I  will  not  by  any  means  divulge  or  disclose  the  sentence  of  the 
court,  until  it  shall  have  been  approved  by  the  proper  authori- 
ty, nor  will  I  at  any  time  divulge  or  disclose  the  vote  or  opi- 
nion of  any  particular  member  of  the  court,  unless  required  so 
to  do  before  a  court  of  justice  in  due  course  of  law." 

This  oath  or  affirmation  being  duly  administered,  the  Presi- 
dent is  authorized  and  required  to  administer  the  folio  wing  oath 

.~,  1-1  «••"'• 

or  affirmation  to  the  judge  advocate,  or  person  omciating  as  advocate. 
such. 

"  I,  A.  B.  do  swear  [or  affirm]  that  I  will  keep  a  true  record 
of  the  evidence  given  to,  and  the  proceedings  of,  this  court ;  nor 
will  I  divulge,  or  by  any  means  disclose,  the  sentence  of  the 
court  until  it  shall  have  been  approved  by  the  proper  authority ; 
nor  will  I  at  any  time  divulge  or  disclose  the  vote  or  opinion  of 
any  particular  member  of  the  court,  unless  required  so  to  do 
before  a  court  of  justice  in  due  course  of  law." 

Art.  37.  All  testimony  given  to  a  general  court  martial  shall  £n  testimony  to 
be  on  oath  or  affirmation,  which  the  president  of  the  court  is 
hereby  authorized  to  administer,  and  if  any  person  shall  refuse  Punishment   for 
to  give  his  evidence  as  aToresaid,  or  shall   prevaricate,  or  shall  !yf  p^Ssai 
behave  with  contempt  to  the  court,  it  shall  and  may  be  lawful  or  contempt, 
for  the  court  to  imprison  such  offender  at  their  discretion  ;  pro- 
vided',  that  the  imprisonment  in   no  case   shall  exceed  two 
months :  And  every  person  who  shall  commit  wilful  perjury 
on  examination  on  oath  or  affirmation  before  such  court,  or  who 
shall  corruptly  procure,  or  suborn,  any  person  to  commit  such 
wilful  perjury,  shall  and  may  be  prosecuted  by  indictment  or 
information  in  any  court  of  justice  of  the  United  States,  and 
shall  suffer  such  penalties  as  are  authorized  by  the  laws  of  the 
United  States  in  cases  of  perjury,  or  the  subornation  thereof. 
And  in  every  prosecution  for  perjury,  or  the  subornation  there- 
of, under  this  act,  it  shall  be  sufficient  to  set  forth  the  offence 
charged  on  the  defendant,  without  setting  forth  the  authority 
by  which  the  court  was  held,  or  the  particular  matters  brought, 
or  intended  to  be  brought,  before  the  said  court. 

Art.  38.  All  charges,  on  which  an  application  for  a  general  Exhibition      of 
court  martial  is  founded,  shall  be  exhibited  in  writing  to  the 
proper  officer,  and  the  person  demanding  the  court  shall  take 
care  that  the  person  accused  be  furnished  with  a  true  copy  of  Accused  to  be 
the  charges,  with  the  specifications,  at  the  time  he  is  put  under  £"r"jshed  wilh  * 
.arrest,  nor  shall  any  other  charge  or  charges,  than  those  so  ex- 
5 


66 

1800.      hibited,  be  urged  against  tbe  person  to  be  tried  before  the  court, 

~~  unless  it  appear  to  the  court  that,  intelligence  of  such  charge 

had  not  reached  the  person  demanding  the  court,  when  the 

person  so  to  be  tried  was  put  under  arrest,  or  that  some  witness 

material  to  the  support  of  such  charge,  who  was  at  that  time 

absent,  can  be  produced;  in  which  case,  reasonable  time  shall 

Treatment  of  an  ^e  Slveli  to  tne  person  to  be  tried  to  make  his  defence  against 

arrested  officer,   such  new  charge.     Every  officer  so  arrested  is  to  deliver  up  his 

sword  to  his  commanding  officer,  and  to  confine  himself  to  the 

limits  assigned  him,  under  pain  of  dismission  from  service. 

Continuance   of     Art.  39.  When  the  proceedings  of  any  general  court  martial 

general       courts    .     .  J    & 

martial;         ,  shall  have  commenced,  they  shall  not  be  suspended  or  delayed 
on  account  of  the  absence  of  any  of  the  members, provided  five 
today. frc     day  or  more  be  assembled ;  but  the  court  is  enjoined  to  sit  from  day 
to  day,  Sundays  excepted,  until  sentence  be  given  :  And  no 
member  of  said  court  shall,  after  the  proceedings  are  begun,  ab- 
sent himself  therefrom,  unless  in  case  of  sickness,  or  orders  to 
go  on  duty  from  a  superior  officer,  on  pain  of  being  cashiered. 
Pay  and  einoiu-      Art.  40.  Whenever  a  court  martial  shall  sentence  any  officer 
MBpended?y  **  to  ^e  suspended,  the  court  shall  have  power  to  suspend  his  pay 
and  emoluments  for  the  whole,  or  any  part,  of  the  time  of  his 
suspension. 

HOW  sentences  Art.  41.  All  sentences  of  courts  martial,  which  shall  extend 
and  connrem|'dven  to  l^6  *oss  °^n^e>  SQa^  require  the  concurrence  of  two-thirds  of 
the  members  present ;  and  no  such  sentence  shall  be  carried 
into  execution,  until  confirmed  by  the  President  of  the  United 
States ;  or,  if  the  trial  take  place  out  of  the  United  States,  until 
it  be  confirmed  by  the  commander  of  the  fleet  or  squadron : 
All  other  sentences  may  be  determined  by  a  majority  of  votes, 
and  carried  into  execution  on  confirmation  of  the  commander  of 
the  fleet,  or  officer  ordering  the  court,  except  such  as  go  to  the 
dismission  of  a  commissioned  or  warrant  officer,  which  are  first 
to  be  approved  by  the  President  of  the  United  States. 

A  court  martial  shall  not,  for  any  one  offence  not  capital,  in- 
flict a  punishment  beyond  one  hundred  lashes. 

Pardon  and  miti-      Art.  42.  The  President  of  the  United  States,  or,  when  the 

5ente.°f  punish  tr*al  takes  Place  out  of  tne  United  States,  the  commander  of  the 

fleet  or  squadron,  shall  possess  full  power  to  pardon  any  offence 

committed  against  these  articles,  after  conviction,  or  to  mitigate 

the  punishment  decreed  by  a  court  martial. 

courts  of  in  uir  ^EC'  ^'  ~^r*'  ^'  ^nc^  ^B  ^  farther  enacted,  That  courts 
mayrbe  ordered  of  inquiry  may  be  ordered  by  the  President  of  the  United  States, 
the  Secretary  of  the  Navy,  or  the  commander  of  a  fleet  or  squad- 
ron, provided  such  court  shall  not  consist  of  more  than  three 
members,  who  shall  be  commissioned  officers,  and  a  judge  ad- 
vocate, or  person  to  do  duty  as  such ;  and  such  courts  shall 
have  power  to  summon  witnesses,  administer  oaths,  and  punish 
contempt  in  the  same  manner  as  courts  martial.  But  such 
court  shall  merely  state  facts,  and  not  give  their  opinion, 
unless  expressly  required  so  to  do  in  the  order  for  convening ; 


re- 
m< 


67 

and  the  party,  whose  conduct  shall  be  the  subject  of  inquiry,       1800. 
shall  have  permission  to  cross-examine  all  the  witnesses. 

Art.  2.  The  proceedings  of  courts   of  inquiry  shall  be  au-  Proceedings  to  be 
thenticated  by  the  signature  of  the  president  of  the  court  and  authenucated- 
judge  advocate,  and  shall,  in  all  cases  not  capital,  or  extending 
to  the  dismission  of  a  commissioned  or  warrant  officer,  be  evi- 
dence before  a  court  martial,  provided  oral  testimony  cannot  be 
obtained. 

Art.  3.  The  judge  advocate,  orperson  officiatingas  such,  shall  oaths  of  mem- 
administer  to  the  members  the  following  oath  or  affirmation  :    advocate?  iudge 

"  You  do  swear,  [or  affirm]  well  and  truly  to  examine  and 
inquire,  according  to  the  evidence,  into  the  matter  now  before 
you,  without  partiality  or  prejudice." 

After  which,  the  president  shall  administer  to  the  judge  ad- 
vocate, or  person  officiating  as  such,  the  following  oath  or  af- 
firmation : 

"  You  do  swear,  [or  affirm,]  truly  to  record  the  proceedings  of 
this  court,  and  the  evidence  to  be  given  in  the  case  in  hearing." 

SEC.  3.  And  be  it  further  enacted,  That  in  all  cases,  where  in  case  of  loss  of 
the  crews  of  the  ships  or  vessels  of  the  United  States  shall  be  ^m^of  the 
separated  from  their  vessels,  by  the  latter  being  wrecked,  lost,  or  ofl     a  shaii 
destroyed,  all  the  command,  power,  and  authority,  given  to  the 
officers  of  such  ships  or  vessels,  shall  remain  and  "be  in  full  force 
as.  effectually  as  if  such  ship  or  vessel  were  not  so  wrecked,  lost, 
or  destroyed,  until  such  ship's  company  be  regularly  discharged 
from,  or  ordered  again  into,  the  service,  or  until  a  court  martial 
shall  be  held  to  inquire  into  the  loss  of  such  ship  or  vessel  ; 
and  if,  by  the  sentence  of  such  court,  or  other  satisfactory  evi- 
dence, it  shall  appear  that  all  or  any  of  the  officers  and  men  of 
such  ship's  company  did  their  utmost  to  preserve  her,  and  after 
the  loss  thereof  behaved  themselves  agreeably  to  the  discipline 
of  the  navy,  then  the  pay  arid  emoluments  of  such  officers  and 
men,  or  such  of  them  as  shall  have  done  their  duty  as  afore-  9 
said,  shall  go  on  until  their  discharge  or  death  ;  and  every  offi-  . 
cer  or  private  who  shall,  after  the  loss  of  such  vessel,  act  contra- 
ry to  the  discipline  of  the  navy,  shall  be  punished  at   the 
discretion  of  a  court  martial,  in  the  same  manner  as  if  such  ves- 
sel had  not  been  so  lost. 

SEC.  4.  And  be  it  further  enacted,  That  all  the  pay  and  pay  of  captives  t© 
emoluments  of  such  officers  and  men,  of  any  of  the  ships  or  continue' 
vessels  of  the  United  States  taken  by  an  enemy,  who  shall  ap- 
pear, by  the  sentence  of  a  court  martial,  or  otherwise,  to  have 
done  their  utmost  to  preserve  and  defend  their  ship  or  vessel, 
and,  after  the  taking  thereof,  have  behaved  themselves  obedi- 
ently to  their  superiors,  agreeably  to  the  discipline  of  the  navy, 
shall  go  on;  and  be  paid  them  until  their  death,  exchange,  or 
discharge. 

SEC.  5.  And  be  it  further  enacted.  That  the  proceeds  of  all  To  whom 
ships  and  vessels,  and  the  goods  taken  on  board  of  them,  which 
shall  be  adjudged  good  prize,  shall,  when  of  equal  or  superior 
force  to  the  vessel  or  vessels  making  the  capture,  be  the  sole 


68 

1800.      property  of  the  captors;  and  when  of  inferior  force,  shall  be 
~~  divided  equally  between  the  United  States  and  the  officers  and 

men  making  the  capture. 

Distribution    of     SRC.  6.  And  be  it  further  enacted ,  That  the  prize  money, 
pme  money,      belonging  to  the  officers  and  men,  shall  be  distributed  in  the 

following  manner : 

commanding  of-  1.  To  the  commanding  officers  of  fleets,  squadrons,  or  single 
ships,  three-twentieths,  of  which  the  commanding  officer  of  the 
fleet  or  squadron  shall  have  one- twentieth,  if  the  prize  be  taken 
by  a  ship  or  vessel  acting  under  his  command,  and  the  com- 
mander of  single  ships  two-twentieths ;  but  where  the  prize  is 
taken  by  a  ship  acting  independently  of  such  superior  officer, 
the  three-twentieths  shall  belong  to  her  commander. 

Lieutenants,cap-      2.  To  sea  lieutenants,  captains  of  marines,  and  sailing  mas- 
andmtster.111168'  ters,  two-twentieths  ;  but  where  there  is  a  captain,  without  a 
lieutenant  of  marines,  these   officers  shall  be   entitled  to  two- 
twentieths  and  one-third  of  a  twentieth,  which  third,  in  such 
case,  shall  be  deducted  from  the  share  of  the  officers  mentioned 
in  article  No.  3,  of  this  section, 
chaplain,   Heut.      3.  To  chaplains,  lieutenants  of  marines,  surgeons,  pursers, 

marines,  surgeon  ,  ,  , 

purser,  and  war-  boatswains,  gunners,  carpenters,  and  master's  mates,  two-twen- 

rant  officers.         +•    *u~ 


Midshipmen, sur-  4.  To  midshipmen,  surgeon's  mates,  captain's  clerks,  school- 
tfes,etc.  masters?  boatswain's  mates,  gunner's  mates,  carpenter's  mates, 
ship's  stewards,  sailmakers,  masters-at-arms,  armorers,  cock- 
swains, and  coopers,  three-twentieths  and  an  half. 

Petty  officers,  5.  To  gunner's  yeomen,  boatswain's  yeomen,  quartermas- 
ters, quarter  gunners,  sailmaker's  mates,  sergeants  and  corporals 
of  marines,  drummers,  fifers,  and  extra  petty  officers,  two-twen- 
tieths and  an  half. 

seamen.  6.  To  seamen,  ordinary  seamen,  marines,  and  all  other  per- 

sons doing  duty  on  board,  seven-twentieths. 

vessels msight to      7.  Whenever  one  or  more  public  ships  or  vessels  are  in  sight 

«hare.  .         \         •  i  •  *  i  •  •  • 

at  the  time  any  one  or  more  shipd  are  taking  a  prize  or  prizes, 
they  shall  all  share  equally  in  the  prize  or  prizes,  according  to 
the  number  of  men  and  guns  on  board  each  ship  in  sight. 

No  commander  of  a  fleet  or  squadron  shall  be  entitled  to  re- 
SeofSquSorIsceive  any  share  of  prizes  taken  by  vessels  not  under  his  imme- 
are  not  entitled.  fa^fe  command  ;  nor  of  such  prizes  as  may  have  been  taken  by 
ships  or  vessels  intended  to  be  placed  under  his  command,  be- 
fore they  have  acted  under  his  immediate  orders ;  nor  shall  a 
commander  of  a  fleet  or  squadron,  leaving  the  station  where  he 
had  the  command,  have  any  share  in  the  prizes  taken  by  ships 
left  on  such  station,  after  he  has  gone  out  of  the  limits  of  his 
said  command. 

Bounty  given  for  SEC.  7.  And  be  it  further  enacted,  That  a  bounty  shall  be 
Sard«Sieen°enmy'sPa^  ^Y  tne  United  States,  of  twenty  dollars,  for  each  person  on 
ship.  board  any  ship  of  an  enemy  at  the  commencement  of  an  en- 

gagement, which  shall  be  sunk  or  destroyed  by  any  ship  or  ves- 
sel belonging  to  the  United  States  of  equal  or  inferior  force,  the 
same  to  be  divided  among  the  officers  and  crew  in  the  same 
manner  as  prize  money. 


69 

SEC.  S.  And  be  it  further  enacted,  That  every  officer,  sea-       1800. 
man,  or  marine,  disabled  in  the  line  of  his  duty,  shall  be  enti-  Pensions  to  per- 

.11.  «         /•!•/•  j  i  •      T      i  •!•.  •         t-  s°'is  disabled  ia 

tied  to  receive  for  life,  or  during  his  disability,  a  pension  from  the  service. 
the  United  States,  according  to  the  nature  and  degree  of  his  dis- 
ability, not  exceeding  one  half  his  monthly  pay. 

SEC.  9.  And  be  it  further  enacted,  That  all  money  accru-  JJ™ey  ^3 
ing,  or  which  has  already  accrued,  to  the  United  States  from  the  forever  a  fund  for 
sale  of  prizes,  shall  be,  and  remain  forever,  a  fund  for  the  pay-  £on™ewitd°further 
ment  of  pensions  and  half  pay,  should  the  same  be  hereafter 
granted,  to  the  officers  and  seamen  who  may  be  entitled  to  re- 
ceive the  same  :  and  if  the  said  fund  shall  be  insufficient  for  the 
purpose,  the  public  faith  is  hereby  pledged  to  make  up  the  de- 
ficiency; but  if  it  should  be  more  than  sufficient,  the  surplus 
shall  be  applied  to  the  making  of  further  provision  for  the  com- 
fort of  the  disabled  officers,  seamen,  marines,  and  for  such  as, 
though  not  disabled,  may  merit,  by  their  bravery,  or  long  and 
faithful  services,  the  gratitude  of  their  country. 

SEC.  10.  And  be  it  further  enacted,  That  the  said  fund 
shall  be  under  the  management  and  direction  of  the  Secretary  and"war"ctoure- 
of  the  Navy,  the  Secretary  of  the  Treasury,  and  the  Secretary  an1/6  asumsnve2 
of  War,  for  the  time  being,  who  are  hereby  authorized  to  re-  ^be1  entitled-' 
ceive  any  sums  to  which  the  United  States  may  be  entitled  to  report  to  con- 
from  the  sale  of  prizes,  vand  employ  and  invest  the  same,  andgr< 
the  interest  arising  therefrom,  in  any  manner  which  a  majority 
of  them  may  deem  most  advantageous :  And  it  shall  be  the 
duty  of  the  said  commissioners  to  lay  before  Congress,  annually, 
in  the  first  week  of  their  session,  a  minute  statement  of  their 
proceedings  relative  to  the  management  of  said  fund. 

SEC.  11.  And  be  it  further  enacted,  That  the  act  passed  the  Repeal  of  former 
second  day  of  March,  in  the  year  one  thousand  seven  hundred  act> 
and  ninety-nine,  entitled  "  An  act  for  the  government  of  the 
navy  of  the  United  States,"  from  and  after  the  first  day  of  June 
next,  shall  be,  and  is  hereby,  repealed. 

APPROVED,  April  23,  1800. 

AN  ACT  in  addition  to^the  act,  intituled  «  An  act  to  prohibit  the  carrying  on 
the  slave  trade  from  the  United  States  to  any  foreign  place  or  country." 


SEC.  1.  Be  it  it  enacted^  fyc.9  That  it  shall  be  unlawful  for  *1*?  °.n  citi- 
any  citizen  of  the  United  States,  or  other  person  residing  within 
the  United  States,  directly  or  indirectly  to  hold,  or  have  any  right 
or  property  in,  any  vessel  employed  or  made  use  of  in  the  trans- 
portation or  carrying  of  slaves  from  one  foreign  country  or 
place  to  another,  and  any  right  or  property,  belonging  as  afore- 
said, shall  be  forfeited,  and  may  be  libelled  and  condemned  for 
the  use  of  the  person  who  shall  sue  for  the  same;  and  such 
person,  transgressing  the  prohibition  aforesaid,  shall  also  forfeit 
and  pay  a  sum  of  money  equal  to  double  the  value  of  the  right 
or  property  in  such  vessel,  which  he  held  as  aforesaid ;  and 
shall  also  forfeit  a  sum  of  money  equal  to  double  the  value  of 
the  interest  which  he  may  have  had  in  the  slaves,  which  at  any 


70 

1800.      time  may  have  been  transported  or  carried  in  such  vessel,  after 
~  the  passing  of  this  act,  and  against  the  form  thereof. 

penalty  on  citi-      SEC.  2.  And  be  it  further  enacted.  That  it  shall  be  unlawful 

S  vSseisf  m  for  any  citizen  of  the  United  States,  or  other  person  residing 
therein,  to  serve  on  board  any  vessel  of  the  United  States  em- 
ployed or  made  use  of  in  the  transportation  or  carrying  of  slaves 
from  one  foreign  country  or  place  to  another ;  and  any  such 
citizen,  or  other  person,  voluntarily  serving  as  aforesaid,  shall  be 
liable  to  be  indicted  therefor,  and,  on  conviction  thereof,  shall  be 
liable  to  a  fine  not  exceeding  two  thousand  dollars,  and  be  im- 
prisoned not  exceeding  two  years. 

citizens  of  u.  s.  SEC.  3.  And  be  it  further  enacted.  That  if  any  citizen  of 
v?sseisa.rd  the  United  States  shall  voluntarily  serve  on  board  of  any  foreign 
ship  or  vessel,  which  shall  hereafter  be  employed  in  the  slave 
trade,  he  shall,  on  conviction  thereof,  be  liable  to,  and  suffer  the 
like  forfeitures,  pains,  disabilities,  and  penalties,  as  he  would 
have  incurred  had  such  ship  or  vessel  been  owned  or  employ- 
ed, in  whole  or  in  part,  by  any  person  or  persons  residing  with- 
in the  United  States. 

SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  lawful 
f°r  anv  °f  tne  commissioned  vessels  of  the  United  States  to 

ed  to  seize  ves-  seize  and  take  any  vessel  employed  in  carrying  on  trade,  busi- 

sels contravening  *  t    r  •  i  •  -     t« 

this  or  the  former  ness,  or  traffic,  contrary  to  the  true  intent  and  meaning  of  this, 
or  the  said  act  to  which  this  is  in  addition ;  and  such  vessel,  to- 
etcMtobe forfeit getner  witn  ner  tackle,  apparel,  and  guns,  and  the  goods  or  ef- 
ed.''  fects,  other  than  slaves,  which  shall  be  found  on  board,  shall 

be  forfeited,  and  may  be  proceeded  against  in  any  of  the  district 
or  circuit  courts,  and  shall  be  condemned  for  the  use  of  the  offi- 
cers and  crew  of  the  vessel  making  the  seizure,  and  be  divided  in 
the  proportion  directed  in  the  case  of  prize  :  And  all  persons 
interested  in  such  vessel,  or  in  the  enterprise  or  voyage  in  which 
such  vessel  shall  be  employed  at  the  time  of  such  capture,  shall 
be  precluded  from  all  right  or  claim  to  the  slaves  found  on  board 
such  vessel  as  aforesaid,  and  from  all  damages  or  retribution  on 
account  thereof:  And  it  shall  moreover  be  the  duty  of  the  com- 
manders of  such  commissioned  vessels  to  apprehend  and  take 
Persons  found  on  into  custody  every  person  found  on  board  of  such  vessel  so 
handed  and  con-"  seized  and  taken,  being  of  the  officers  or  crew  thereof,  and  him 
veyed  to  u.  s.  or  them  convey,  as  soon  as  conveniently  may  be,  to  the  civil 
authority  of  the  United  States  in  some  one  of  the  districts  there- 
of, to  be  proceeded  against  in  due  course  of  law. 

District  and  cir-  SECT.  5.  And  be  it  further  enacted,  That  the  district  and  cir- 
rSdSn^ftcuit  courts  of  the  United  States  shall  have  cognizance  of  all 
fences.  acts  anc|  offences  again st  the  prohibitions  herein  contained. 

Construction  of  SEC.  6.  Provided,  nevertheless,  and  be  it  further  enacted, 
That  nothing  in  this  .act  contained  shall  be  construed  to  autho- 
rize the  bringing  into  either  of  the  United  States,  any  person  or 
persons,  the  importation  of  whom  is,  by  the  existing  laws  of 
such  State,  prohibited. 

Distribution  of  SEC.  7.  And  be  it  further  enacted,  That  the  forfeitures, 
penalties.  which  shall  hereafter  be  incurred  under  this,  or  the  said  act  to 


71 

which  this  is  in  addition,  not  otherwise  disposed  of,  shall  accrue       1800. 
and  be  one  moiety  thereof  to  the  use  of  the  informer,  and  the  °™ 
other  moiety  to  the  use  of  the  United  States,  except  where  the  Seu.as. 
prosecution  shall  be  first  instituted  on  behalf  of  the  United 
States,  in  which  case  the  whole  shall  be  to  their  use. 

APPROVED,  May  10, 1800. 


AN  ACT  providing  for  a  naval  peace  establishment,  and  for  other  purposes. 

[Obsolete.] 

SEC  1.  Be  it  enacted,  t^c.,  That  the  President  of  the  United  The     President 
States  be,  and  he  hereby  is,  authorized,  whenever  the  situation  ScmlSiS-the 
of  public  affairs  shall,  in  his  opinion,  render  it  expedient,  to  public  vessels, 
cause  to  be  sold,  they  being  first  divested  of  their  guns  and  mili- 
tary stores,  which  are  to  be  carefully  preserved,  all  or  any  of 
the  ships  and  vessels  belonging  to  the  navy,  except  the  frigates 
United  States,  Constitution,  President,  Chesapeake,  Philadel- 
phia, Constellation,  Congress,  New  York,  Boston,  Essex,  Adams, 
John  Adams,  and  General  Greene ;  and  also  to  lay  up  all  the  fri- 
gates thus  to  be  retained,  except  such  as  are  directed  by  this  act 
to  be  kept  in  constant  service  in  time  of  peace. 

SEC.  2.  And  be  it  further  enacted,  That  six  of  the  frigates  to  six  of  the  frigates 
be  retained  shall  be  kept  in  constant  service  in  time  of  peace,  SmSmtSSsS 
and  shall  be  officered  and  manned  as  the  President  of  the  Uni- 
ted States  may  direct,  not  to  exceed,  however,  two-thirds  of  the 
present  complement  of  seamen,  and  ordinary  seamen ;  the  re- 
sidue of  the  frigates  to  be  retained  shall  be  laid  up  in  conveni- 
ent ports,  and  there  shall  be  permanently  attached  to  each  fri- 
gate, so  laid  up,  one  sailing  master,  one  boatswain,  one  gunner, 
one  carpenter,  and  one  cook,  one  sergeant  or  corporal  of  marines, 
and  eight  marines ;  and  to  the  large  frigates  twelve,  and  to  the 
small  frigates  ten  seamen ;  the  sailing  master  shall  have  the 
general  care  and  superintendence  of  the  ship  ;  and  shall  gener- 
ally execute  such  duties  of  a  purser  as  may  be  necessary.  [Sec. 
2  repealed  in  part  March  27, 1804,  and  wholly,  April  21, 1806.] 

SEC.  3.  And  be  it  enacted,  That,  from  and  after  the  day  component  pans 
when  the  reduction  of  the  navy  shall  take  place  as  aforesaid,  t 
the  navy  ration  shall  consist  of  as  follows  :  on  Sunday,  four-  the  navy, 
teen  ounces  of  bread,  one  and  a  quarter  pound  of  beef,  half  a 
pound  of  flour,  one  quarter  of  a  pound  of  suet,  one  half  pint 
of   distilled  spirits ;   Monday,  fourteen  ounces  of  bread,  one 
pound  of  pork,  half  pint  of  peas,  one  half  pint  of  distilled  spi- 
rits; Tuesday,  fourteen  ounces  of  bread,  one  pound  of  beef, 
two  ounces  of  cheese,  one  half  pint  of  distilled  spirits  ;  Wednes- 
day, fourteen  ounces  of  bread,  one  pound  of  pork,  half  pint  of 
rice,   one  half  pint   of  distilled  spirits;    Thursday,   fourteen 
ounces  of  bread,  one  and  a  quarter  pound  of  beef,  half  pound 
of  flour,  quarter  pound  of  suet,  one  half  pint  of  distilled  spirits ; 
Friday,  fourteen  ounces  of  bread,  four  ounces  of  cheese,  two 
ounces  of  butter,  half  pint  of  rice,  half  pint  of  molasses,  one 


72 

1803.      half  pint  of  distilled  spirits ;  Saturday,  fourteen  ounces  of  bread, 
~~  one  pound  of  pork,  half  pint  of  peas,  half  pint  of  vinegar,  one 

half  pint  of  distilled  spirits. 

e°re  aS"      ^EC'  ^'  ^e  ^  further  enacted,  That  the  President  of  the 
S  t  n-  unjte(j  gtates  retain  in  the  navy  service,  in  time  of  peace,  nine 

captains,  thirty-six  lieutenants,  and  one  hundred  and  fifty  mid- 
shipmen, including  those  employed  on  board  of  the  six  frigates 
to  be  kept  in  service ;  and  that  he  be  authorized  to  discharge 
all  the  other  officers  in  the  navy  service  of  the  United  States ; 
but  such  of  the  aforesaid  officers  as  shall  be  retained  in  the  ser- 
vice, shall  be  entitled  to  receive  no  more  than  half  their  month- 
ly pay  during  the  time  when  they  shall  not  be  under  orders  for 
actual  service.  [Sec.  4  repealed,  April  21,  1806.] 

Four  months  ex-      SEC.  5.  Be  it  further  enacted,  That  all  the  commissioned 

touSe whoTre and  warrant  officers,  who  shall  be  discharged  as  aforesaid, shall 

^discharged.        ke  entitled  to  receive  four  months'  pay,  over  and  above  what 

may  be  due  to  them  respectively  at  the  time  of  their  discharge. 

APPROVED,  March  3,  1801. 

AN  ACT  authorizing  the  sale  of  a  piece  of  land,  parcel  of  the  navy  yard  be- 
longing to  the  United  States,  in  Charlestown,  in  the  State  of  Massachusetts,  to 
the  proprietors  of  the  Salem  turnpike  road  and  Chelsea  bridge  corporation. 

[Obsolete.] 
secretary  of  the      SEC.  1.  Be  it  enacted,  d*c. ,  That  the  Secretary  of  the  Navy 

Navy  authorized  ,  .  i        •        i  i     i        •      -,  J 

to  convey  a  piece  be,  and  he  hereby  is,  authorized  and  empowered,  by  indenture 
JereTbridge^corpo-  °f  bargain  and  sale,  in  common  form,  to  convey,  in  fee  simple, 
ration.  to  tne  proprietors  of  the  Salem  turnpike  and  Chelsea  bridge  cor- 

poration, by  their  proper  name  of  incorporation,  a  certain  piece 
of  land,  lying  on  the  western  corner,  and  being  parcel  of  the 
navy  yard  belonging  to  the  United  States,  in  Charlestown,  in 
the  State  of  Massachusetts,  containing  fifteen  square  perches,  or 
thereabouts,  or  so  much  thereof  as  is  required  to  enable  the  said 
proprietors  to  lay  out  and  make  a  turnpike  road  from  Salem  to 
Charlestown  bridge,  near  Boston,  according  to  the  plan  exhi- 
bited to  Congress  by  the  said  proprietors. 

SmahTed10  by  SEC'  2*  And  be  M  further  enacted,  That  it  shall  be  the  duty 
disinterested  per-  of  the  said  Secretary,  prior  to  the  making  the  said  conveyance, 
to  cause  the  said  piece  of  land  to  be  valued  by  disinterested 
men,  to  be  appointed  in  such  manner  as  he  shall  agree  with  the 
said  proprietors  ;  the  amount  of  which  said  valuation,  being 
paid  to  the  use  of  the  United  States,  it  shall  then,  and  not  be- 
fore, be  lawful  for  the  said  Secretary  to  make  the  aforesaid  con- 
veyance. 

APPROVED,  February  10,  1803. 


AN  ACT  to  provide  an  additional  armament  for  the  protection  of  the  seamen 
and  commerce  of  the  United  States. 

[Obsolete.] 

£edsi(tont  ut^nto      SEC.  1.  Be  it  enacted,  fyc.,  That  the  President  of  the  United 
service  four  ves-  States  be,  and  he  hereby  is;  authorized  and  empowered  to  cause  to 


73 

be  built,  or  to  be  purchased  (if  the  exigencies  of  the  service  shall        1803. 
require  it)  four  vessels  of  war,  to  carry  not  exceeding  sixteen  guns  seis  of  sixteen 
each  ;  to  be  armed,  manned,  and  fitted  out  for  the  protection  of gu 
the  seamen  and  commerce  of  the  United  States  in  the  Mediter- 
ranean and  adjacent  seas,  and  for  other  purposes,  as  the  public 
service  may  require. 

SEC.  2.  And  be  it  further  enacted.  That  the  sum  of  ninety-  $96,ooo  appropn- 
six  thousand  dollars  be,  and  hereby  is,  appropriated  for  the  pur-  at< 
pose  aforesaid,  out  of  any  moneys  in  the  treasury  of  the  IJni- 
ted  States  not  otherwise  appropriated. 

SEC.  3.  And  be  it  further  enacted,  That  the  President  of  President  author- 
the  United  States  be,  and  he  is  hereby,  authorized  and  empow-  ^ice  pUfifteS 
ered  to  cause  to  be  built,  a  number  not  exceeding  fifteen  gungunboats- 
boats,  to  be  armed,  manned,  and  fitted  out,  and  employed  for 
such  purposes  as  in  his  opinion  the  ^public  service  may  require  ;  *50000a   ro  ri_ 
and  that  a  sum,  not  exceeding  fifty  thousand  dollars  be,  and  ated  for  the  pur- 
hereby  is,  appropriated  for  this  purpose,  out  of  any  moneys  in  pose> 
the  treasury  of  the  United  States  not  otherwise  appropriated. 

APPROVED,  February  28,  1803. 


AN  ACT  to  prevent  the  importation  of  certain  persons  into  certain  States, 
where,  by  the  laws  thereof,  their  admission  is  prohibited. 

SEC.  1.  Be  it  enacted,  c^c.,  That,  from  and  after  the  first  day  NO  negro,  muiat- 
of  April  next,  no  master  or  captain  of  any  ship  or  vessel,  or  any  coi0?rtoebe°bro(*f 
other  person,  shall  import  or  bring,  or  cause  to  be  imported  or  jjtoflfr.  fj^*** 
brought,  any  negro,  mulatto,  or  other  person  of  color,  not  being   l 
a  native,  a  citizen,  or  registered  seaman,  of  the  United  States,  or 
seamen,  natives  of  countries  beyond  the  Cape  of  Good  Hope, 
into  any  port  or  place  of  the  United  States,  which  port  or  place 
shall  be  situated  in  any  State  which  by  law  has  prohibited,  or 
shall  prohibit,  the  admission  or  importation  of  such  negro,  mu- 
latto, or  other  person  of  color ;  and  if  any  captain  or  master 
aforesaid,  or  any  other  person,  shall  import  or  bring,  or  cause  to 
be  imported  or  brought,  into  any  of  the  ports  or  places  afore- 
said, any  of  the  persons  whose  admission  or  importation  is  pro- 
hibited as  aforesaid,  he  shall  forfeit  and  pay  the  sum  of  one  Forfeiture, 
thousand  dollars  for  each  and  every  negro,  mulatto,  or  other 
person  of  color  aforesaid,  brought  or  imported  as  aforesaid,  to  be 
sued  for  and  recovered  by  action  of  debt,  in  any  court  of  the  HOW  recovered; 
United  States ;  one  half  thereof  to  the  use  of  the  United  States,  TQ  be  divided 
the  other  half  to  any  person  or  persons  prosecuting  for  the  pe- 
nalty ;  and  in  any  action  instituted  for  the  recovery  of  the  pe- 
nalty aforesaid,  the  person  or  persons  sued  may  be  held  to 
special  bail :  provided,  always,  that  nothing  contained  in  this 
act  shall  be  construed  to  prohibit  the  admission  of  Indians. 

SEC.  2.  And  be  it  further  enacted,  That  no  ship  or  vessel,  am-  vessels    having 
ving  in  any  of  the  said  ports  or  places  of  the  United  States,  and  sonslbond  boa"rd~ 
having  on  board  any  negro,  mulatto,  or  other  person  of  color,  not  "e°d  to°eJtradmit" 
being  a  native,  a  citizen,  or  registered  seaman  of  the  U   States, 
or  seamen  natives  of  countries  beyond  the  Cape  of  Good  Hope 


74 

1804.  as  aforesaid,  shall  be  admitted  to  an  entry.  And  if  any  such 
~~  negro,  mulatto,  or  other  person  of  color,  shall  be  landed  from  on 
board  any  ship  or  vessel,  in  any  of  the  ports  or  places  aforesaid, 
or  on  the  coast  of  any  State  prohibiting  the  admission  or  importa- 
tion, as  aforesaid,  the  said  ship  or  vessel,  together  with  her  tackle, 

fe^feitureofves- apparel,  and  furniture,  shall  be  forfeited  to  the  United  States, 
and  one  half  of  the  nett  proceeds  of  the  sales  on  such  forfeit- 
ure shall  inure  and  be  paid  over  to  such  person  or  persons  on 
whose  information  the  seizure  of  such  forfeiture  shall  be  made. 

Dutyofcoiiectors      SEC.  3.  And  be  it  further  enacted.  That  it  shall  be  the  duty 

and    officers     of-,  ,,  1*/1  .„  ' .  ni 

customs  to  pre-  of  the  collectors,  and  other  officers  of  the  customs,  and  all  other 
I0n*  officers  of  the  revenue  of  the  United  States,  in  the  several  ports 
or  places  situated  as  aforesaid,  to  notice,  and  be  governed  by,  the 
provisions  of  the  laws  now  existing,  of  the  several  States  pro- 
hibiting the  admission  or  importation  of  any  negro,  mulatto,  or 
other  person  of  color,  as  aforesaid.  And  they  are  hereby  enjoin- 
ed vigilantly  to  carry  into  effect  the  said  laws  of  said  States,  con- 
formably to  the  provisions  of  this  act ;  any  law  of  the  United 
States  to  the  contrary  notwithstanding. 

APPROVED,  February  28,  1803. 


AN  ACT  further  to   protect  the  commerce  and  seamen  of  the  United  States 

against  the  Barbary  powers. 

[Obsolete.] 

president  author-      SEC.  %•  And  be  it  further  enacted,  That  the  President  o^ 
ized  to  employ  a  the  United  States,  if  he  shall  deem  it  necessary,  shall  be,  and 

naval  force  in  the  1-11  i  .''  •        i  i  i  i  i      -i          /v 

Mediterranean,  he  is  hereby,  authorized  to  cause  to  be  purchased,  or  built,  offi- 
cered, manned,  and  equipped,  two  vessels  of  war,  to  carry  not 
more  than  sixteen  guns  each,  and  likewise  to  hire,  or  accept  on 
loan,  in  the  Mediterranean  sea,  as  many  gun  boats  as  he  may 
think  proper. 

APPROVED,  March  25, 1804. 

AN  ACT  in  relation  to  the  navy  pension  fund. 
[Obsolete.] 

fro°mey  ca'mre?-     ^EC*  ^'  ^e  *'*  enactec^->  $"C">  That  all  the  money  accruing,  or 
noTaiready  ^aTd  which  has  already  accrued,  to  the  U.  States, from  the  capture  of 
to  tu'e  treasurer!*1  prizes  authorized  by  law,  and  which  has  not  already  been  paid 
to  the  Secretary  of  the  Navy,  the  Secretary  of  the  Treasury,  and 
the  Secretary  of  War,  as  commissioners  of  the  navy  pension 
fund,  shall  be  paid  to  the  Treasurer  of  the  United  States. 
HOW  the  money      SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
is  to  be  disbursed  of  the  Treasurer  of  the  United  States  to  receive  all  the  money 
er'so  accruing,  and  to  disburse  the  same  pursuant  to  warrants  from 
the  Secretary  of  the  Navy,  countersigned  by  the  accountant  of 
Quarterly      ac-  the  navy  ;  and  a  distinct  quarterly  account,  of  the  moneys  thus 
Sered?l°beren~  received  and  disbursed,  shall  be  rendered  by  the  said  Treasu- 
rer to  the  accounting  officers  of  the  treasury,  in  the  same  man- 
ner as  is  provided  for  other  public  moneys  received  by  him. 


75 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty       1 804. 
of  the  accountant  of  the  navy  to  receive  and  settle  all  accounts  Accountant    of 
whatever,  in  relation  to  the  navy  pension  fund,  and  report,  from  Ceiv"aJnd 
time  to  time,  all  such  settlements  as  shall  have  been  made  by  accomus  'a 
him,  for  the  inspection  and  revision  of  the  accounting  officers  port  the  same, 
of  the  treasury,  in  the  same  manner  as  in  other  cases  of  public 
accounts.      v 

SEC.  4.  And  be  it  further  enacted,  That  the  comptroller 
the  treasury  shall  be  fully  authorized  and  empowered  to  direct  tut°e slat 
suits  for  the  recovery  of  any  sums  now  due,  or  which  may  money- 
hereafter  be  due,  to  the  United  States,  for  prizes  as  aforesaid, 
and  to  prosecute  the  same  in  the  name  of  the  United  States,  in 
the  same  manner  as  in  other  cases  for  the  recovery  of  moneys 
due  to  the  United  States. 

SEC.  5.  And  be  it  further  enacted,  That  the  commissioners  commissioners 
of  the  navy  pension  fund  be,  and  they  are  hereby,  authorized  "foffund^ay^- 
to  appoint  a  secretary,  who  shall  perform  all  such  duties  in  re-  pomt a  secretary. 

i      •  1^11  in-  /•  i  '  11  His  duty  and  em- 

lation  to  the  fund  as  they  shall  require  of  him ;  and  shall  re-  oiumems. 
ceive  for  his  services  a  salary,  not  exceeding  two  hundred  and 
fifty  dollars  per  annum,  to  be  paid  quarter  yearly  at  the  treasu- 
ry of  the  United  States,  and  charged  to  the  same  fund. 

SEC.  6.  And  be  it  further  enacted,  That  the  commissioners  commissioners 
of  the  navy  pension  fund  be,  and  they  are  hereby,  authorized  J^^0rnuslesa^ 
and  directed  to  make  such  regulations,  as  may  to  them  appear*6  admission  of 

j.  f      ^  ^      •     -          ?  i     J    11      /•  pensioners. 

expedient,  for  the  admission  of  persons  on  the  roll  of  navy  pen- 
sioners, and  for  the  payment  of  the  pensions. 

APPROVED,  March  26,  1804. 


Aftl  ACT  supplementary  to  the  act,  intituled  "  An  act  providing  for  a  naval 
peace  establishment,  and  for  other  purposes." 

SEC.  1.  Beit  enacted,  fyc.,  That  the  President  of  the  U.  States  captain  of  navy 
be,  and  he  is  hereby,  authorized  to  attach  to  the  navy  yard  at  Se^nJv^JSrd  £ 
Washington,  and  to  the  frigates  and  other  vessels  laid  up  in  or-  vessels  in  ordi- 

,.  •        i        r-1  T-»  •  i  i         i     11  nary  at  Wasmng- 

dinary  in  the  Eastern  Branch,  a  captain  of  the  navy,  who  shall  ton.   His  duties, 
have  the  general  care  and  superintendence  of  the  same  ;  and         "1 


shall  perform  the  duties  of  agent*  to  the  navy  department,  and 
shall  be  entitled  to  receive,  for  his  services,  the  pay  and  emolu- 
ments of  a  captain  commanding  a  squadron  on  separate  ser- 
vice. And  the  President  of  the  United  States  is  hereby  further  Who  else  are  to 

authorized  to  attach  permanently,  to  the  said  navy  yard  and  be  attached  to  the 

,  •    •       -i    £  i       i    11  nayy  yard  and 

vessels,  one  other  commissioned  officer  of  the  navy,  who  shall  vessels  in  ordma- 

receive  for  his  services  the  pay  and  emoluments  of  a  captain  ryatWashington 

commanding  a  twenty  gun  ship,  one  surgeon  and  one  surgeon's 

mate  of  the  navy,  who  shall  be  severally  allowed  for  their  ser- 

vices the  same  pay,  rations,  and  emoluments,  as  are  allowed  to 

a  surgeon,  and  to  a  surgeon's  mate,  in  the  army  of  the  United 

States  ;  one  sailing-master,  one  head  carpenter,  one  plumber, 

one  head  block-maker,  one  head  cooper,  two  boatswains,  two 

*  So  much  of  this  act  as  directs  that  the  commandant  of  the  navy  yard  at 
Washington  shall  also  perform  the  duties  of  agent,  repealed,  July  10,  1832. 


76 

1805.       gunners,  one  sailmaker,  one  storekeeper,  one  purser,  one  clerk 

~~  of  the  yard,  and,  also,  such  seamen  and  marines  as,  in  the  opi- 

Proviso.  nion  of  the  President,  shall  be  deemed  necessary :  provided, 

that  the  number  of  seamen  or  marines  shall  not  at  any  time  be 

greater  than  what  is  at  present  authorized  by  the  act  to  which 

this  is  a  supplement. 

Kepeai  of  a  part  SEC.  2.  And  be  it  further  enacted.  That  that  part  of  the  act 
or  a  former  act.  to  which  this  is  a  supplement,  which  attaches  to  each  frigate, 
laid  up  in  ordinary,  one  sailing-master,  one  boatswain,  one 
gunner,  one  carpenter,  and  one  cook,  one  sergeant  or  corpo- 
ral of  marines,  and  eight  marines,  arid  to  the  large  frigates 
twelve,  and  to  the  small  frigates  ten  seamen,  and  which  declares 
that  the  sailing-master  shall  have  the  care  of  the  ship,  and  shall 
execute  such  duties  of  a  purser  as  may  be  necessary,  shall  be, 
and  hereby  is,  repealed. 

APPROVED,  March  27,  1804. 


AN  ACT  to  authorize  the  erection  of  a  bridge  across  a  mill-pond  and  marsh  in 
the  navy  yard,  belonging  to  the  United  States,  in  the  town  of  Brooklyn,  in  the 
State  of  New  York. 

[Obsolete.] 

president  author-  Be  it  enacted,  fyc.,  That  the  President  of  the  United  States 
'SSiSi^open-^e>  an^  he  nere^y  JS)  authorized,  by  a  proper  instrument  in 
ing  and  improv-  writing  under  his  hand,  in  due  form,  to  grant  to  such  person  or 

ing  a  road  from  ,       ,  xl      .  *  • 

Brooklyn  ferry,  persons,  or  body  corporate,  by  their  proper  name  of  incorpora- 
etc.  m  N.  York,  t|on^  ^  gj^j  ^e  authorized,  by  an  aqt  of  the  Legislature  of  the 


to  erect  a       _0  .  .      . 

across  a  part  of  State  of  New  York,  to  open  and  improve  a  road  from  Brook- 

the  navy  yard  of ,  .  _.'  f  ±  .-       T-_r  -  , 

tiieu.  s.  in  the  lyn  ferry,  in  that  otate,  along  the  shore  of  the  Wallabognt,  to 
Bush  wick,  to  erect  a  bridge  across  the  mill-pond  and  marsh, 
being  part  of  the  navy  yard  belonging  to  the  United  States,  in  the 
said  town  of  Brooklyn,  and  to  maintain  such  bridge  under  such 
restrictions,  and  on  such  conditions,  as  he  shall  prescribe :  pro- 
vided, nevertheless,  that  if,  at  any  future  time,  it  shall  appear  to 
the  President  of  the  United  States  that  the  property  of  the  Uni- 
ted States  is  injured  by  such  bridge, he  may  revoke  the  permis- 
sion granted  by  him  for  erecting  the  same.  And  provided, 

Proviso.  also,  That  no  toll  shall  be  demanded,  at  any  time,  for  any  ar- 

ticle, the  property  of  the  United  States,  which  may  be  con- 
veyed to  or  for  their  use,  over  or  across  the  said   bridge,  or 
from  any  person  or  persons  employed  in  the  said  navy  yard, 
who  may  pass  or  repass  on  the  said  bridge. 
APPROVED,  March  2,  1805. 


AN  ACT  to  appropriate  a  sum  of  money  for  the  purpose  of  building  gun  boats. 

[Obsolete.] 

Be  it  enacted,  fyc.  ,  That  the  sum  of  sixty  thousand  dollars 

a  number  of  gun 


buiidmg  be  and  the  same  is  hereby,  appropriated,  to  be  paid  out  of  any 

.,  J  7     rr  •      *»     -        i 

money  in  the  treasury  not  otherwise  appropriated,  for  the  pur- 
pose of  enabling  the  President  to  cause  to  be  built  a  number  of 


77 

gun  boats,  not  exceeding  twenty-five,  for  the  better  protection       1806. 
of  the  ports  and  harbors  of  the  United  States. 
APPROVED,  March  2,  1805. 

AN  ACT  in  addition  to  an  act,  intituled  "  An  act  supplementary  to  the  ac* 

providing  for  a  naval  peace  establishment,  and  for  other  purposes." 

[Obsolete.] 

SEC.  1 .  Be  it  enacted,  fyc. ,  That  the  second  and  fourth  sections  second  &/ourth 
of  "  An  act  providing  for  a  naval  peace  establishment,  and  for 
other  purposes,"  be,  and  the  same  are  hereby,  repealed. 

SEC.  2.  And  be  it  further  enacted,  That  the  President 
the  United  States  be,  and  he  is  hereby,  authorized  to  keep  in  ac-  in  time  of  peace', 
tual  service,  in  time  of  peace,  so  many  of  the  frigates  and  other  ^  nTmay'tffi 
public  armed  vessels  of  the  United  States,  as,  in  his  judgment,  Pr°Per- 
the  nature  of  the  service  may  require,  and  to  cause  the  residue  Rest  to  be  laid  up 
thereof  to  be  laid  up  in  ordinary  in  convenient  ports. 

SEC.  3.  And  be  it  further  enacted,  That  the  public  armed  Armed  vessels  to 
vessels  of  the  United  States,  in  actual  service,  in  time  of  peace,  armeSasthe pSJ 
shall  be  officered  and  manned  as  the  President  of  the  United sident  chooses- 
States  shall  direct ;  provided,  that  the  officers  shall  not  exceed 
the  following  numbers  and  grades,  that  is  to  say :  thirteen  cap- 
tains, nine  masters  commandant,  seventy-two  lieutenants,  and 
one  hundred  and  fifty  midshipmen  ;  but  the  said  officers  shall 
receive  no  more  than  half  their  monthly  pay,  during  the  time 
when  they  shall  not  be  under  orders  for  actual  service ;  and  pro- 
vided, farther,  that  the  whole  number  of  able  seamen,  ordinary 
seamen  and  boys,  shall  not  exceed  nine  hundred  and  twenty- 
five  ;*  bat  the  President  may  appoint,  for  the  vessels  in  actual 
service,  so  many  surgeons,   surgeon's   mates,  sailing-masters, 
chaplains,  pursers,  boatswains,  gunners,  sailmakers,  and  car- 
penters, as  may,  in  his  opinion,  be  necessary  and  proper. 

APPROVED,  April  21, 1806. 


AN  ACT  for  fortifying  the  ports  and  harbors  of  the  United  States,  and  for  build- 
ing gun  boats. 

[Obsolete.] 

SEC.  2.  And  be  it  further  enacted,  That  a  sum  of  monevj 
not  exceeding  two  hundred  and  fifty  thousand  dollars,  in  addi-  m^gun  boatsVoi- 
tion  to  the  sums  heretofore  appropriated,  shall  be,  and  the  same  }J|  CoS'™^ 
is  hereby,  appropriated,  to  enable  the  President  of  the  UnitedoftheU-s- 
States  to  cause  to  be  built  and  completed,  a  number  of  gun 
boats,  not  exceeding  fifty,  for  the    protection  of  the  harbors,  „ 

T  •     t      '  *T    •]     i  V<  i     i       T-»        •  -I          President  autno- 

coasts,  and  commerce  of  the  United  States ;  and  the  President  nzed  to  officer, 
is  hereby  authorized  to  officer,  man,  and  equip,  any  part,  or  all,  Sem^nd  $20,- 
. of  said  gun  boats,  when  he  shall  judge  the  same  expedient,  for  Jh?refo?ropriate4 
the  purposes  aforesaid;  and  a  sum, not.  exceeding  twenty  thou- 
sand dollars,  is  hereby  appropriated  to  defray  any  expense  which 
may  be  incurred  by  officering,  manning,  and  equipping,  gun 
boats,  as  aforesaid. 

*  President  authorized,  March  3,  1807,  to  employ  500  additional  seamen,  etc. 


78 

1807.  SEC.  3.  And  be  it  further  enacted,  That  the  President  of 

Armed  vessels  of  the  United  States  may  direct  any  of  the  armed  vessels  of  the 
at  United  States  to  be  sold,  whenever  he  shall  be  of  opinion  that 
°ftne  sa'd  vessel  is  so  much  out  of  repair  that  it  will  not  be  for 
the  interest  of  the  United  States  to  repair  the  same. 

SEC-  4'  And  b(i  it  father  enacted,  That  the  several  sums  of 
to  be  paid.          money  hereby  appropriated,  shall  be  paid  out  of  any  money  in 
the  treasury  of  the  United  States,  not  otherwise  appropriated. 
APPROVED,  April  21,  1806. 


AN  ACT  to  provide  for  surveying  the  coasts  of  the  United  States. 
[Repealed  in  part,  April  14,  1818,  and  revived  by  act  of  July  10,  1832.] 

SEC.  1.  Be  it  enacted,  fyc.,  That  the  President  of  the  U.  States 
shall  be,  and  he  is  hereby,  authorized  and  requested,  to  cause  a 
th^vuy°lta(t?t0ofsurvey  to  be  taken  of  the  coasts  of  the  United  States,  in  which 
be  made,  and  an  shall  be  designated  the  islands  and  shoals,  with  the  roads  or 
beCpreaparedart  to  places  of  anchorage,  within  twenty  leagues  of  any  part  of  the 
shores  of  the  United  States  ;  and  also  the  respective  courses  and 
distances  between  the  principal  capes,  or  head-lands,  together 
with  such  other  matters  as  he  may  deem  proper  for  completing 
an  accurate  chart  of  every  part  of  the  coasts  within  the  extent 
aforesaid. 
President  also  au-      SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  lawful 


cause  for  |jie  President  of  the  United  States  to  cause  such  examina- 

exammations    to.  .  a»   VH    j         « 

be  made  with  re-  \ions  and  observations  to  be  made,  with  respect  to  ot.  George  s 

S^s  bank.1'6  >r"  bank,  and  any  other  bank  or  shoal,  and  the  soundings  and  cur- 

rents beyond  the  distance  aforesaid,  to  the  Gulf  stream,  as  in  his 

opinion  may  be  especially  subservient  to  the  commercial  inter- 

ests of  the  United  States. 

president  autho-      SEC-  3.  And  be  it  further  enacted,  That  the  President  of 
rized  to   cause  (ne  United  States  shall  be,  and  he  is  hereby,  authorized  and  re- 

proper  persons  to  ,  ,  /•  •  -i  i 

beempioyed,  and  quested,  for  any  ol  the  purposes  aforesaid,  to  cause  proper  ana 
iiJ°vesseishiSS  intelligent  persons  to  be  employed,  and  also  such  of  the  public 
be  wanted.         vessels  in  actual  service  as  he  may  judge  expedient,  and  to 
give  such  instructions  for  regulating  their  conduct  as  to  him 
may  appear  proper,  according  to  the  tenor  of  this  act. 
$50  ooo  a  propri       ^EC'  ^'  And  be  it  further  enacted,  That,  for  carrying  this 
ated.  act  into  effect,  there  shall  be,  and  hereby  is,  appropriated,  a  sum 

not  exceeding  fifty  thousand  dollars,  to  be  paid  out  of  any  mo- 
neys in  the  treasury  not  otherwise  appropriated. 
APPROVED,  February  10,  1807. 

AN  ACT  to  prohibit  the  importation  of  slaves  into  any  port  or  place  within 
the  jurisdiction  of  the  United  States,  from  and  after  the  first  day  of  January, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  eight. 

[See  act,  in  addition  to  this,  approved  March  3,  1819.] 

SEC.  1.  Be  it  enacted,  $»c.,  That,  from  and  after  the  first  day  of 
importation    r>f  January,  one  thousand  eight  hundred  and  eight,  it  shall  not  be 
>  lawful  to  import,  or  bring  into  the  United  States,  or  the  territo- 


79 

ries  therof,  from  any  foreign  kingdom,  place,  or  country ,  any       1807. 
negro,  mulatto,  or  person  of  color,  with  intent  to  hold,  sell,  or"" 
dispose  of,  such  negro,  mulatto,  or  person  of  color,  as  a  slave,  or 
to  be  held  to  service  or  labor. 

SEC.  2.  And  be  it  further  enacted.  That  no  citizen  or  citi-  Forfeiture  of  ves- 
zens  of  the  United  States,  or  any  other  person,  shall,  from  and  the  slave  trade, 
after  the  first  day  of  January,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  eight,  for  himself,  or  themselves,  or  any 
other  persons  whatsoever,  either  as  master,  factor,  or  owner, 
build,  fit,  equip,  load,  or  otherwise  prepare,  any  ship  or  vessel, 
in  any  port  or  place  within  the  jurisdiction  of  the  United  States, 
noi  shall  cause  any  ship  or  vessel  to  sail  from  any  port  or  place 
within  the  same,  for  the  purpose  of  procuring  any  negro,  mu- 
latto, or  person  of  color,  from  any  foreign  kingdom,  place,  or 
country,  to  be  transported  to  any  port  or  place  whatsoever, 
within  the  jurisdiction  of  the  United  States,  to  be  held,  sold,  or 
disposed  of,  as  slaves,  or  to  be  held  to  service  or  labor :  and  if 
any  ship  or  vessel  shall  be  so  fitted  out  for  the  puipose  afore- 
said, or  shall  be  caused  to  sail  so  as  aforesaid,  every  such  ship 
or  vessel,  her  tackle,  apparel,  and  furniture, shall  be  forfeited  to 
the  United  States,  and  shall  be  liable  to  be  seized,  prosecuted, 
and  condemned,  in  any  of  the  circuit  courts,  or  district  courts,  for 
the  district  where  the  said  ship  or  vessel  may  be  found  or 
seized. 

SEC.  3.  And  be  it  further  enacted,  That  all  and  eveiy  per-  penalties  forbe- 
son  so  building,  fitting  out,  equipping,  loading,  or  otheiwise 
preparing,  or  sending  away,  any  ship  or  vessel,  knowing  or  in- 
tending that  the  same  shall  be  employed  in  such  trade  or  busi- 
ness, from  and  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  eight,  contrary  to  the  true  intent  and  mean- 
ing of  this  act,  or  any  ways  aiding  or  abetting  therein,  shall  sev- 
erally forfeit  and  pay  twenty  thousand  dollars,  one  moiety 
thereof  to  the  use  of  the  United  States,  and  the  other  moiety  to 
the  use  of  any  person  or  persons  who  shall  sue  for,  and  prose- 
cute the  same  to  effect. 

SEC.  4.  And  be  it  further  enacted,  If  any  citizen  or  citi-  Forfeitures  and 
zens  of  the  United  States,  or  any  person  resident  within  the  J^g68  f°si 
jurisdiction  of  the  same,  shall,  from  and  after  the  first  day  offromAfrica- 
January,  one  thousand  eight  hundred  and  eight,  take  on  board, 
receive,  or  transport,  from  any  of  the  coasts  or  kingdoms  of  Af- 
rica, or  from  any  other  foreign  kingdom,  place,  or  country,  any 
negro,  mulatto,  or  person  of  color,  in  any  ship  or  vessel,  for  the 
purpose  of  selling  them  in  any  port  or  place  within  the  juris- 
diction of  the  United  States,  as  slaves,  or  to  be  held  to  service  or 
labor,  or  shall  be,  in  any  ways,  aiding  or  abetting  therein,  such 
citizen  or  citizens,  or  person,  shall  severally  forfeit  and  pay  five 
thousand  dollars,  one  moiety  thereof  to  the  use  of  any  person  or 
persons  who  shall  sue  for,  and  prosecute  the  same  to  effect ; 
and  every  such  ship  or  vessel,  in  which  such  negro,  mulatto,  or 
person  of  color,  shall  have  been  taken  on  board,  received,  or 
transported  as  aforesaid,  her  tackle,  apparel,  and  furniture,  and 


80 

1 807.       the  goods  and  effects  which  shall  be  found  on  board  the  same, 

"shall  be  forfeited  to  the  United  States,  and  shall  be  liable  to  be 

seized,  prosecuted,  and  condemned,  in  any  of  the  circuit  courts, 

or  district  courts  in  the  district  where  the  said  ship  or  vessel  may 

be  found  or  seized.     And  neither  the  importer,  nor  any  person 

Slaves    imported  ,..          _  11-  iniii  •  t 

to  remain  subject  or  persons  claiming  from  or  under  him,  shall  hold  any  right  or 

tnVstates!°ns  °f  ti^e  whatsoever  to  any  negro,  mulatto,  or  person  of  color,  nor 
to  the  service  or  labor  thereof,  who  may  be  im ported  or  brought 
within  the  United  States,  or  territories  thereof,  in  violation  of 
this  law,  but  the  same  shall  remain  subject  to  any  regulations, 
not  contravening  the  provisions  of  this  act,  which  the  Legisla- 
tures of  the  several  States  or  territories,  at  any  time  hereafter, 
may  make,  for  disposing  of  any  such  negro,  mulatto,  or  person 
of  color. 

Further  penalties  SEC.  5.  And  be  it  further  enacted,  That,  if  any  citizen  or 
- citizens  of  the  United  States,  or  any  other  person  resident  with- 
in the  jurisdiction  of  the  same,  shall,  from  and  after  the  first 
day  of  January,  one  thousand  eight  hundred  and  eight,  contra- 
ry to  the  true  intent  and  meaning  of  this  act,  take  on  board  any 
ship  or  vessel  from  any  of  the  coasts  or  kingdoms  of  Africa,  or 
from  any  other  foreign  kingdom,  place,  or  country,  any  negro, 
mulatto,  or  person  of  color,  with  the  intent  to  sell  him,  her,  or 
them,  for  a  slave,  or  slaves,  or  to  be  held  to  service  or  labor,  and 
shall  transport  the  same  to  any  port  or  place  within  the  juris- 
diction of  the  United  States,  and  there  sell  such  negro,  mulat- 
to, or  person  of  color,  so  transported  as  aforesaid,  for  a  slave,  or 
to  be  held  to  service  or  labor,  every  such  offender  shall  be  deem- 
ed guilty  of  a  high  misdemeanor,  and  being  thereof  convicted, 
before  any  court  having  competent  jurisdiction,  shall  suffer  im- 
prisonment for  not  more  than  ten  years,  nor  less  than  five  years, 
and  be  fined  not  exceeding  ten  thousand  dollars,  nor  less  than 
one  thousand  dollars. 

penalties  for  buy-  SEC.  6.  And  be  it  further  enacted,  That,  if  any  person,  or 
P61'80118?  whatsoever,  shall,  from  and  after  the  first  day  of  Jan u- 
ary,  one  thousand  eight  hundred  and  eight,  purchase  or  sell  any 
negro,  mulatto,  or  person  of  color,  for  a  slave,  or  to  be  held  to 
service  or  labor,  who  shall  have  been  imported,  or  brought  from 
any  foreign  kingdom,  place,  or  country,  or  from  the  dominions 
of  any  foreign  state,  immediately  adjoining  to  the  United  States, 
into  any  port  or  place  within  the  jurisdiction  of  the  United 
States,  after  the  last  day  of  December,  one  thousand*  eight  hun- 
dred and  seven,  knowing,  at  the  time  of  such  purchase  or  sale, 
such  negro,  mulatto,  or  person  of  color,  was  so  brought  within  the 
jurisdiction  of  the  United  States,  as  aforesaid,  such  purchaser 
and  seller  shall  severally  forfeit  and  pay,  for  every  negro,  mu- 
latto, or  person  of  color,  so  purchased  or  sold  as  aforesaid,  eight 
hundred  dollars  ;  one  moiety  thereof  to  the  United  States,  and 
the  other  moiety  to  the  use  of  any  person  or  persons  who  shall 
sue  for,  and  prosecute  the  same  to  effect :  provided,  that  the 
aforesaid  forfeiture  shall  not  extend  to  the  seller  or  purchaser  of 
any  negro,  mulatto,  or  person  of  color,  who  may  be  sold  or  dis- 


81 

posed  of  in  virtue  of  any  regulation  which  may  hereafter  be       1807. 
made  by  any  of  the  Legislatures  of  the  several  States  in  that  ~~ 
respect,  in  pursuance  of  this  act,  and  the  Constitution  of  the 
United  States. 

SEC.  7.  And  be  it  further  enacted.  That  if  any  ship  or  ves-  vessels,  h 
sel  shall  be  found,  from  and  after  the  first  day  of  January,  one  nia 
thousand  eight  hundred  and  eight,  in  any  river,  port,  bay,  or 
harbor,  or  on  the  high  seas,  within  the  jurisdictional  limits  of 
the  United  States,  or  hovering  on  the  coast  thereof,  having  on 
board  any  negro,  mulatto,  or  person  of  color,  for  the  purpose  of 
selling  them  as  slaves,  or  with  intent  to  land  the  same,  in  any 
port,  or  place,  within  the  jurisdiction  of  the  United  States,  con- 
trary to  the  prohibition  of  this  act,  every  such  ship  or  vessel, 
together  with  her  tackle,  apparel,  and  furniture,  and  the  goods 
or  effects  which  shall  be  found  on  board  the  same,  shall  be  for- 
feited to,  the  use  of  the  United  States,  and  may  be  seized,  pro- 
secuted, and  condemned,  in  any  court  of  the  United  States, 
having  jurisdiction  thereof.  And  it  shall  be  lawful  for  the  Pre-  £aval  force  ofu. 

•  i  /•    i        TT     •       i    a  i   i        •     i          i  i        •        ii         i  i  S.  may    be    em- 

sident  or  the  United  fetates,  and  he  is  hereby  authorized,  should  ployed  for  that 

he  deem  it  expedient,  to  cause  any  of  the  armed  vessels  of  the  Purp08e< 

United   States  to   be   manned  and   employed  to  cruise  on  any 

part  of  the  coast  of  the   United   States,  or  territories  thereof, 

where  he  may  judge  attempts  will  be  made  to  violate  the  pro- 

visions of  this  act,  and  to  instruct  and  direct  the  commanders  of  commanders  to 

t        w    i       TT    .      -*  ri  •  i  11-  seize,    and    bring 

armed  vessels  of  the  United  fetat.es,  to  seize,  take,  and  bring  into  into  port,  an  ves- 

any  port  of  the  United  States,  all  such  ships  or  vessels,  and  pf0\S?ofS 

moreover  to  seize,  take,  and  bring  into  any  port  of  the  United  act- 

States,  all  ships  or  vessels  of  the  United  States,  wheresoever 

found  on  the  high  seas,  contravening  the  provisions  of  this  act, 

to  be  proceeded  against  according  to  law,  and  the  captain,  mas-  captains  of  such 


ter,  or  commander,  of  every  such  ship  or  vessel  so  found  and  vSted1  to  c°be 

seized  as  aforesaid,  shall  be  deemed  guilty  of  a  high  misde-  J",^dand  ""P"" 

meanor,  and  shall  be  liable  to  be  prosecuted  before  any  court  of 

the  United  States,  having  jurisdiction  thereof;  and  being  there- 

of convicted,  shall  be  fined  not  exceeding  ten  thousand  dollars, 

and  be  imprisoned  not  less  than  two  years,  and  not  exceeding 

four  years.    And  the  proceeds  of  all  ships  and  vessels,  their  tac-  Proceeds  of  ves- 

kle,  apparel,  and  furniture,  and  the  goods  and  effects  on  board  to'be  divided  bS 

of  them,  which  shall  be  so  seized,  prosecuted,  and  condemned,  S^officera'  and 

shall  be  divided  equally  between  the  United  States  and  the  of-  men. 

ficers  and  men  who  shall  make  such  seizure,  take,  or  bring  the 

same  into  port,  for  condemnation,  whether  such  seizure  be  made 

by  an  armed  vessel  of  the  United  States,  or  revenue  cutters  there- 

of, and  the  same  shall  be  distributed  in  like  manner,  as  is  pro- 

vided by  law,  for  the  distribution  of  prizes  taken  from  an  ene- 

my :  provided,  that  the  officers  and  men,  to  be  entitled  to  one-  Eve 

half  of  the  proceeds  aforesaid,  shall  safe  keep  every  negro,  beVkTpt  safe?  and 

mulatto,  or  person  of  color,  found  on  board  of  any  ship  or  ves-  SiT^ppoiS 

sel  so  by  them  seized,  taken,  or  brought  into  port,  for  condem-  bv  ^e  s«"es  «o. 

•       »    *     «•    »'V»  •'•  i  receive  them. 

nation,  and  shall  deliver  every  such  negro,  mulatto,  or  person 
of  color,  to  such  person  or  persons  as  shall  be  appointed  by  the 

6 


1807.       respective  States,  to  receive  the  same ;  and  if  no  such  person,  or 
no  person "ap"-  persons,  shall  be  appointed  by  the  respective  States,  they  shall 
gSesTo  deliver  every  such  negw),  mulatto,  or  person  of  color,  to  the 
be  delivered  to  overseers  of  the   poor  of  the  port  or  place  where  such  ship 

overseers  ot  the  r  .  1 

poor.  or  vessel  may  be  brought  or  found,  and  shall  immediately 

Account  to   be  transmit  to  the  governor  or  chief  magistrate  of  the  State,  an  ac- 

groveSmor.ed     to  count  °f  tneir  proceedings,  together  with  the  number  of  such 

negroes,  mulattoes,  or  persons  of  color,  and  a  descriptive  list  of 

the  same,  that  he  may  give  directions  lespecting  such  negroes, 

mulattoes,  or  persons  of  color. 

Slaves  not  to  be      SEC.  8.  And  be  it  further  enacted,  That  no  captain,  mas- 
transported     in  ter,  or  commander  of  any  ship,  or  vessel,  of  less  burthen  than 
lonTburthen*  to  forty  tons,  shall,  from  and  after  the  first  day  of  January,  one 
be  disposed  of.     thousan(j  eight  hundred  and  eight,  take  on  board,  and  transport, 
any  negro,  mulatto,  or  person  of  color,  to  any  port  or  place 
whatsoever,  for  the  purpose  of  selling  or  disposing  of  the  same 
as  a  slave,  or  with  intent  that  the  same  may  be  sold  or  disposed 
Penalties.          °f?  to  De  held  to  service,  or  labor,  on  penalty  of  forfeiting  for  eve- 
ry such  negro,  mulatto,  or  person  of  color,  so  taken  on  board 
and  transported,  as  aforesaid,  the  sum  of  eight  hundred  dollars: 
one  moiety  thereof  to  the  use  of  the  United  States,  and  the  other 
moiety  to  any  person,  or  persons,  who  shall  sue  for,  and  prose- 
proviso»  cute  tne  same  to  effect :  provided,  however,  That  nothing  in 

this  section  shall  extend  to  prohibit  the  taking  on  board,  or  trans- 
porting, on  any  river,  or  inland  bay  of  the  sea,  within  the  juris- 
diction of  the  United  States,  any  negro,  mulatto,  or  person  of 
color,  (not  imported  contrary  to  the  provisions  of  this  act,)  in 
any  vessel  or  species  of  craft  whatever. 

vessel*  of  larger      SEC.  9.  And  be  it  further  enacted,  That  the  captain,  mas- 
burthen,  sailing  ter,  or  commander,  of  any  ship  or  vessel  of  the  burthen  of  forty 

coastwise,         to  ..  i     "r          i       /»  i  /•  T  •     •  - 

have  the  names  tons  or  more,  from  and  alter  the  first  day  of  January,  one  thou- 
saie^inserted  ^n  sand  eight  hundred  and  eight,  sailing  coastwise,  from  any  port 
their  papers.  in  the  United  States,  to  any  port  or  place  within  the  jurisdic- 
tion of  the  same,  having  on  board  any  negro,  mulatto,  or  per- 
son of  color,  for  the  purpose  of  transporting  them  to  be  sold  or 
disposed  of  as  slaves,  or  to  be  held  to  service  or  labor,  shall,  pre- 
vious to  the  departure  of  such  ship  or  vessel,  make  out  and  sub- 
scribe duplicate  manifests  of  every  such  negro,  mulatto,  or  per- 
son of  color,  on  board  such  ship  or  vessel,  therein  specifying  the 
name  and  sex  of  each  person,  their  age  and  stature,  as  near  as 
may  be,  and  the  class  to  which  they  respectively  belong,  whe- 
ther negro,  mulatto,  or  person  of  color,  with,  the  name  and 
place  of  residence  of  every  owner  or  shipper  of  the  same,  and 
shall  deliver  such  manifests  to  the  collector  of  the  port,  if  there 
be  one,  otherwise  to  the  surveyor,  before  whom  the  captain, 
master,  or  commander,  together  with  the  owner,  or  shipper, 
shall  severally  swear  or  affirm,  to  the  best  of  their  knowledge 
and  belief,  that  the  persons  therein  specified  were  not  imported, 
or  brought  into  the  United  States,  from  and  after  the  first  day 
of  January,  one  thousand  eight  hundred  and  eight,  and  that, 
under  the  laws  of  the  State,  they  are  held  to  service  or  labor ; 


83 

whereupon  the  said  collector  or  surveyor  shall  certify  the  same  1807. 
on  the  said  manifests,  one  of  which  he  shall  return  to  the  said  collector  to  c 
captain,  master,  or  commander,  with  a  permit,  specifying  there- tlfy  m  llfe*u 
on  the  number,  names,  and  general  description,  of  such  per- 
sons, and  authorizing  him  to  proceed  to  the  port  of  his  desti- 
nation. And  if  any  ship  or  vessel,  being  laden  and  destined  as 
aforesaid,  shall  depart  from  the  port  where  she  may  then  be, 
without  the  captain,  master,  or  commander,  having  first  made 
out  and  subscribed  duplicate  manifests,  of  every  negro,  mulat- 
to, and  person  of  color,  on  board  such  ship  or  vessel,  as  afore- 
said, and  without  having  previously  delivered  the  same  to  the 
said  collector  or  surveyor,  and  obtained  a  permit,  in  manner  as 
herein  required,  or  shall,  previous  to  her  arrival  at  the  port  of 
her  destination,  take  on  board  any  negro,  mulatto,  or  person  of 
color,  other  than  those  specified  in  the  manifests,  as  aforesaid, 
every  sucji  ship  or  vessel,  together  with  her  tackle,  apparel,  and  vessels  to  be  for- 
furniture,  shall  be  forfeited  to  the  use  of  the  United  States,  and  faptain°t^  forfeit 
may  be  seized,  prosecuted,  and  condemned,  in  any  court  of  the  Jeijjf*  for 


eacit 


negro. 


United  States,  having  jurisdiction  thereof;  and  the  captain, 
master,  or  commander,  of  every  such  ship  or  vessel,  shall  more- 
over forfeit,  for  every  such  negro,  mulatto,  or  person  of  color, 
so  transported,  or  taken  on  board,  contrary  to  the  provisions  of 
this  act,  the  sum  of  one  thousand  dollars,  one  moiety  thereof 
to  the  United  States,  and  the  other  moiety  to  the  use  of  any 
person  or  persons  who  shall  sue  for,  and  prosecute  the  same  to 
effect. 

SEC.  10.  And  be  it  further  enacted,  That  the  captain,  mas-  Manjfegts  ta  be 
ter,  or  commander,  of  every  ship  or  vessel,  of  the  burthen  of  Delivered 
forty  tons  or  more,  from  and  after  the  first  day  of  January,  one  where*" 
thousand  eight  hundred  and  eight,  sailing  coastwise,  and  hav-  S 
ing  on  board  any  negro,  mulatto,  or  person  of  color,  to  sell  or 
dispose  of  as  slaves,,  or  to  be  held  to  service  or  labor,  and  arriv- 
ing in  any  port  within  the  jurisdiction  of  the  United  States, 
from  any  other  port  within  the  same,  shall,  previous  to  the  un- 
lading or  putting  on  shore  any  of  the  persons  aforesaid,  or  suf- 
fering them  to  go  on  shore,  deliver  to  the  collector,  if  there  be 
one,  or,  if  not,  to  the  surveyor,  residing  at  the  port  of  her  arrival, 
the  manifest  certified  by  the  collector  or  surveyor  of  the  port 
from  whence  she  sailed,  as  is  hereinbefore  directed,  to  the  truth 
of  which,  before  such  officer,  he  shall  swear,  or  affirm;  and  if 
the  collector  or  surveyor  shall  be  satisfied  therewith,  he  shall 
thereupon  grant  a  permit  for  unlading  or  suffering  such  negro, 
mulatto,  or  person  of  color,  to  be  put  on  shore,  and  if  the  cap-  instobegrante<1- 
tain,  master,  or  commander,  of  any  such  ship  or  vessel  being 
laden  as  aforesaid,  shall  neglect  or  refuse  to  deliver  the  mani- 
fest at  the  time  and  in  the  manner  herein  directed,  or  shall  land 
or  put  on  shore  any  negro,  mulatto,  or  person  of  color,  for  the  £etin?\a°deirw 
purpose  aforesaid,  before  he  shall  have  delivered  his  manifest  manifest,  or  land- 
as  aforesaid,  and  obtained  a  permit  for  that  purpose,  every  such  m| 
Captain,  master,  or  commander,  shall  forfeit  and  pay  ten  thou- 
sand dollars,  one  moiety  thereof  to  the  United  States,  the  other 


84 

1807.       moiety  to  the  use  of  any  person  or  persons  who  shall  sue  for,:, 
~~  and  prosecute  the  same  to  effect. 
APPROVED,  March  2,  1807. 


AN  ACT  in  addition  t6  an  act,  intituled  "  An  act  in  addition  to  an  act,  intitu- 
led '  An  act  supplementary  to  the  act  providing  for  a  naval  peace  establish- 
ment, and  for  other  purposes.'  " 

[Obsolete.] 

President  author-  Be  it  enacted,  <J*c.,  That  the  President  of  the  United  States 
So  Additional  be,  and  he  is  hereby,  authorized,  in  addition  to  the  present,  na- 
seamen.  yaf  peace  establishment,  to  employ  a  number  of  able  seamen, 

ordinary  seamen,  and  boys,  not  exceeding  five  hundred,  should 
the  exigency  of  the  public  service  require  the  same. 
APPROVED,  March  3,  1807. 

AN  ACT  authorizing  the  employment  of  the  land  and  naval  forces  of  the  Uni- 
ted States,  in  cases  of  insurrections. 
President  to  em-         T-»      •.  i    e          mi     ±  •         n  f    • 

ploy  land  and  na-.     Beit  enacted,  fyc.,  That  m  all  cases  of  insurrection,  or  ob- 
Lasufl?rrSn?uel1  struction  to  the  laws,  either  of  the  United  States,  or  of  ansy  in- 
dividual State  or  territory,  where  it  is  lawful  for  the  President 
of  the  United  States  to  call  forth  the  militia,  for  the  purpose  of 
suppressing  such  insurrection,  or  of  causing  the  laws  to  be  duly 
executed,  it  shall   be  lawful  for  him  to  employ,  for  the  same 
purposes,  such  part  of  the  land  or  naval  force  of  the  United 
States,  as  shall   be  judged  necessary,  having  first  observed  all 
the  pre-requisites  of  the  law  in  that  respect. 
APPROVED,  March  3,  1807. 


AN  ACT  to  appropriate  money  for  the  providing  of  an  additional  number  of  gun 

boats. 

[Obsolete.] 

188  gun  boats,  be      SEC.  1.  Be  it  enacted,  <J"e.,  That  the  President  of  the  United 
5? tte^iSetion  States  be,  and  he  hereby  is,  authorized  and  empowered  to  cause 
of  the  President.  to  ^e  }mi[^  or  purchased,  anned  and  equipped,  a  number  not  ex- 
ceeding one  hundred  and  eighty-eight  gun  boats,  for  the  better 
protection  of  the  ports  and  harbors  of  the  United  States,  and  for 
such  other  purposes  as,  in  his  opinion,  the  public  service  may 
require. 

$852,500   appro       SEC.  2.  And  be  it  further  enacted,  That  a  sum  not  exceed- 
ing eight  hundred  and  fifty-two  thousand  five  hundred  dollars, 
be,  and  hereby  is,  appropriated,  for  this  purpose,  out  of  any  mo- 
neys in  the  treasury  not  otherwise  appropriated. 
APPROVED,  December  18,  1807. 


AN  ACT  authorizing  the  employment  of  an  additional  naval  force. 

[Obsolete.] 

SEC.  1.  Be  it  enacted,  $*c.,  That,  in  addition  to  the  frigates 
now  employed  in  actual  service,  there  be  fitted  out,  officered  and 


85 

manned,  as  soon  as  may  be,  the  four  following  frigates,  to  wit :       1809. 
the   United  States,  Essex,  John  Adams,  and  President :  and,  President  autnor- 
moreover,  the  President  of  the  United  States  is  hereby  authoriz-  flfout^eiSan'ftJ 
ed  and  empowered  to  equip,  man,  and  employ  in  actual  service, gates- 
so  many  of  the  public  armed  vessels,  now  laid  up  in  ordinary,  Gun  b0atg  and 
and  gun  boats,  as,  in  his  judgment,  the  public  service  may  re-  other  public  ves- 
quire;  and  to  cause  the  frigates,  and  other  armed  vessels,  when 
prepared  for  actual  service,  respectively,  to  be  stationed  at  such 
ports  and  places  on  the  seacoast  as  he  may  deem  most  expedi- 
ent, or  to  cruise  on  any  part  of  the  coast*  of  the  United  States, 
or  the  territories  thereof. 

SEC.  2.  And  be  it  further  enacted,  That,  for  the  purpose  President  aatnor- 
of  carrying  the  foregoing  provision  into  immediate  effect,  the  sop     °addiSonsS 
President  of  the  United  States  be,  and  he  is  hereby,  authorized  3$o2S2SI 
and  empowered,  in  addition  to  the  number  of  petty  officers,  b°ys- 
able  seamen,  ordinary  seamen,  and  boys,  at  present  authorized 
by  law,  to  appoint,  and  cause  to  be  engaged  and  employed,  as 
soon  as  may  be,  three  hundred  midshipmen,  three  thousand  six 
hundred  able  seamen,  ordinary  seamen,  and  boys,  who  shatl  be  Enlistments  to  be 
engaged  to  serve  for  a  period  not  exceeding  two  years  ;f  biithe^^ne?1!**! 
the  President  may  discharge  the  same  sooner,  if,  in  his  judg-  charsed- 
ment,  their  service  may  be  dispensed  with.     And  to  satisfy  the 
necessary  expenditures  to  be  incurred  therein,  a  sum,  not  ex- 
ceeding four  hundred  thousand  dollars,  be,  and  the  same  is  $^J>,ooo  appro- 
hereby,  appropriated,  arid  shall  be  paid  out  of  any  moneys  in 
the  treasury  not  otherwise  appropriated. 

APPROVED,  January  31,  1809. 

AN  ACT  further  to  amend  the  several  acts  for  the  establishment  and  regula- 

lation  of  the  Treasury,  War,  and  Navy  Departments. 

[The  5th  section  of  this  act  is  still  in  force ;  the  other  sections  are  modified  or 
repealed  by  act,  approved  March  3,  1817,  "to  provide  for  the  prompt  settle- 
ment of  public  accounts."] 

SEC.  1.  Be  it  enacted,  frc.,  That  all  warrants  drawn  by  the  warrants  to  be 

ci  m  r-  TTT-  i       TVT  i       charged     to   the 

Secretary  01  the  1  reasury,  or  01  War,  or  or  the  INavy,  upon  the  distinct  appropri- 
Treasurer  of  the  United  States,  shall  specify  the  particular  appro-  Siey^re  founded! 
priation  or  appropriations  to  which  the  same  should  be  charged  : 
the  moneys  paid  by  virtue  of  such  warrants  shall,  in  conformity 
therewith,  be  charged  to  such  appropriation  or  appropriations, 
in  the  books  kept  in  the  office  of  the  comptroller  of  the  treasu- 
ry, in  the  case  of  warrants  drawn  by  the  Secretary  of  the  Trea- 
sury, and  in  the  books  of  the  accountants  of  the  war  or  navy 
departments  respectively,  in  the  case  of  warrants  drawn  by  the 
Secretary  of  War,  or  by  the  Secretary  of  the  Navy  ;  and  the  of- 
ficers, agents,  or  other  persons,  who  may  be  receivers  of  public 
moneys,  shall  render  distinct  accounts  of  the  application  of  such 
moneys,  according  to  the  appropriation  or  appropriations  un- 
der which  the  same  shall  have  been  drawn,  and  the  Secretary  of 

*  Repealed,  June  28,  1809. 

f  Amended,  May  15,  1820,  so  as  to  authorize  the  enlistment  during  the  con- 
tinuance of  the  service  or  cruise,  not  to  exceed  three  years. 


86 

1809.       War  and  of  the  Navy  shall,  on  the  first  day  of  January,  in  each 

~~  and  every  year,  severally  report  to  Congress  a  distinct  account  of 

Expenditures  to  tjle  expenditure  and  application  of  all  such  sums  of  money  as 

•oe      reported    10  ••;  xj.  /.    /->•  T  \ 

congress  on  the  may,  prior  to  the  thirtieth  day  of  September  preceding,  have 
annually.  *"   T>  been  by  them  respectively  drawn  from  the  treasury  in  virtue  of 
the  appropriation  law  of  the  preceding  year,  and  the  sums  appro- 
priated by  law  for  each  branch  of  expenditure  in  the  several  de- 
partments shall  be  solely  applied  to  the  objects  for  which  they 
are  respectively  appropriated,  and  to  no  other :  provided,  nev- 
ertheless, that,  during  the  recess  of  Congress,  the  President  of 
e  United  States  may,  and  he  is  hereby,  authorized,  on  the  ap- 
one  appro-  plication  of  the  Secretary  of  the  proper  department,  and  not 
10-  o^nei.wjse^  £O  direct,  if  in  his  opinion  necessary  for  the  public 
service,  that  a  portion  of  the  moneys  appropriated*  for  a  parti- 
cular branch  of  expenditure  in  that  department,  be  applied  to 
another  branch  of  expenditure  in  the  same  department ;  in  which 
special  accounts  casej  a  special  account  of  the  moneys  thus  transferred,  and  of 
^reof  to  be  ren- their  application,  shall  be  laid  before  Congress  during  the  first 
week  of  their  next  ensuing  session. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
comptroller    of  of  the  comptroller  of  the  Treasury,  in  every  case  where,  in  his 
opinion,  further  delays  would  be  injurious  to  the  United  States, 
'and  he  is  hereby  authorized,  to  direct  the  auditor  of  the  treasu- 
ry, and  the  accountants  of  the  war  and  navy  departments,  at 
any  time,  forthwith  to  audit  and  settle, any  particular  account 
which  the  said  officers  may  be  respectively  authorized  to  audit 
and  settle,  and  to  report  such  settlement  for  his  revision  and 
Annual statem'nt  ^na^  decision.     And  the  said  comptroller  shall  also  lay  an  an- 
of  certain  deiin-  nual  statement  before  Congress,  during  the  first  week  of  their 

quencies    to     be  .  .    >,  •         i  i 

laid  before  con- session,  or  the  accounts  in  the  treasury,  war,  or  navy  depart- 
froner?thecompmentsj  which  may  have  remained  more  than  three  years  un- 
settled, or  on  which  balances  appear  to  have  been  due  more 
than  three  years,  prior  to  the  thirtieth  of  September  then  last 
past,  together  with  a  statement  of  the  causes  which  have  pre- 
vented the  settlement  of  the  accounts,  or  the  recovery  of  the  ba- 
lances due  to  the  United  States. 

What  permanent  SEC.  3.  And  be  it  further  enacted,  That,  exclusively  of  the 
agenta  authoriz-  purveyor  of  public  supplies,  paymasters  of  the  army,  pursers 
of  the  navy,  military  agents,  and  other  officers  already  autho- 
rized by  law,  no  other  permanent  agents  shall  be  appointed, 
either  for  the  purpose  of  making  contracts,  or  for  the  purchase 
of  supplies,  or  for  the  disbursement  in  any  other  manner,  of 

To  be  submitted  .,.  i  i-  i  /•    i 

to  the  senate,     moneys  for  the  use  of  the  military  establishment,  or  of  the  navy 

of  the  United  States,  but  such  as  shall  be  appointed  by  the 

President  of  the  United  States,  with  the  advice  and  consent  of 

the  Senate  :  provided,  that  the  President  may,  and  he  is  here- 

appoinTin  recess  by  authorized,  in  the  recess  of  the  Senate,  to  appoint  all  or  any 

«f  the  senate.     of  sucn  agents,  which  appointments  shall  be  submitted  to  the 

*  Certain  heads  of  appropriation,  from  which  transfers  shall  not  be  made,  spe- 
cified in  a  supplementary  act,  approved  March  3,  1817.  Other  heads,  to  and 
from  which  transfers  may  be  made,  specified  in  act  of  May  I,  1820. 


87 

Senate,  at  their  next  session,  for  their  advice  and  consent,  eind       1809. 
the  President  of  the  United  ^tates  is  hereby  authorized,  until 
otherwise  provided  by  law,  to  fix  the  number  and  compensa- 
tions of  such  agents  :  provided,  that  the  compensation  allowed 


to  either  shall  not  exceed  one  per  centum  on  the  public  mo-  per  centum. 
neys  disbursed  by  him,  nor,  in  any  instance,  the  compensation 
allowed  by  law  to  the  purveyor  of  public  supplies. 

SEC.  4.  And  be  it  further  enacted.  That  every  such  agent  Agents  to   give 
as  maybe  appointed  by  virtue  of  the  next  preceding  section,  bonds' 
and  every  purser*  of  the  navy,  shall  give  bond,  with  one  or  mor^e  ^Si8iJct&  Mar 
sufficient  sureties,  in  such  sums  as  the  President  of  the  United  i,  isr?.' 
States  may  direct,  for  the  faithful  discharge  of  the  trust  reposed 
in  him  ;  and  the  paymaster  of  the  army,  the  military  agents, 
the  purveyor  of  public  supplies,  the  pursers  of  the  navy,  and 
the  agents  appointed  by  virtue  of  the  preceding  section,  shall, 
whenever  practicable,  keep  the  public  moneys  in  their  hands,  TO  keep  the  pub- 
in  some  incorporated  bank,  to  be  designated  for  the  purpose  by  banks.m°ney  'to 
the  President  of  the  United  States,  and  shall  make  monthly  Make    monthly 
returns,  in  such  form  as  may  be  prescribed  bv  the  treasury  de-  "*tumsofrecei'ts 

-    ,  •        -i          i  i     -i    i       .  i  and  expenditures 

partment,  of  the  moneys  received  and  expended  during  the  pre- 
cedkig  month,  and  of  the  unexpended  balance  in  their  hands. 

SEC.  5.  And  be  it  further  enacted,  That  all  purchases  and  Purchases    and 
contracts  for  supplies  or  services  which  are,  or  may,  according  DrSe!'howto 
to  law,  be  made  by  or  under  the  direction  of  either  the  Secreta- 
ry of  the  Treasury,  the  Secretary  of  War,  or  the  Secretary  of 
the  Navy,  shall  be  made  either  by  open  purchase,  or  by  previ- 
ously advertising  for  proposals  respecting  the  same  :  and  an  an-  Annual      state- 
nual  statement  of  all  such  contracts  and  purchases,  and  also  of 
the  expenditure  of  the  moneys  appropriated  for  the  contingent 
expenses  of  the  military  establishment,  for  the  contingent  ex- 
penses of  the  navy  of  the  United  States,  and  for  the  discharge 
of  miscellaneous  claims  not  otherwise  provided  for,  and  paid  at 
the  treasury,  shall  be  laid  before  Congress  at  the  beginning  of 
each  year,  by  the  Secretary  of  the  proper  department. 

APPROVED,  March  3,  1809. 


AN  ACT  authorizing  an  augmentation  of  the  marine  corps. 
[Obsolete.] 

SEC.  1.  Be  it  enacted,  fyc. ,  That  the  President  of  the  United  Augmentation  of 
States  shall  be,  and  he  is  hereby,  authorized  to  cause  the  marine  ^tCSed.  c°rps 
corps,  in  the  service  of  the  United  States,  to  be  augmented,  by  the 
appointment  and  enlistment  of  not  exceeding  one  major,  two 
captains,  two  first  lieutenants,  one  hundred  and  eighty-five  cor- 
porals, and  five  hundred  and  ninety- four  privates,  who  shall  be 
respectively  allowed  the  same  pay,  bounty,  clothing,  and  ra- 
tions, and  shall  be  employed  under  the  same  rules  and  regula- 
tions, to  which  the  said  marine  corps  are,  or  shall,  be  entitled 
and  subject. 

SEC.  2.  And  be  it  further  enacted,  That,  from  and  after  the  Term  of  e«tab- 
passage  of  this  act,  all  enlistments  in  the  said  corps  shall  be  foi 


1810.       the  term  of  five  years,  unless  sooner  discharged,  any  law  to  the 
~~  contrary  notwithstanding. 

APPROVED,  March  3,  1809. 


AN  ACT  concerning  the  naval  establishment. 
[Obsolete.] 

SEC.  1.  Be  it  enacted,  $*c.,  That  the  President  of  the  United 

president  author-  States,  in  the  event  of  a  favorable  change  in  our  foreign  relations, 

Sates  andharm-  ^e5  anc^  he  is  hereby,  authorized  to  cause  to  be  discharged  from 

ed  vessels,         actual  service,  and  laid  up  in  ordinary,  such  of  the  frigates  and 

public  armed  vessels  as,  in  his  judgment,  a  due  regard  to  the 

public  security  and  interest  may  permit. 

SEC.  2.  And  be  it  further  enacted,  That  so  much  of  the 
Repeal  of  act  in- first  section  of  an  act,  entitled  "  An  act  to  authorize  the  em- 
force!11*         al  ployment  of  an  additional  naval  force,"  passed  at  the  last  ses- 
sion of  Congress,  as  requires  the  public  armed  vessels  to  be  sta- 
tioned at  such  ports  and  places  on  the  seacoast,  or  cruise  on  the 
seacoast  of  the  United  States,  and  territories  thereof,  be,  and  the 
same  is  hereby,  lepealed. 

APPROVED,  June  28,  1809. 


AN  ACT  making  an  appropriation  for  the  purpose  of  trying  the  practical  use 

of  the  torpedo,  or  sub-marine  explosion. 

[Obsolete.] 

^5,000  appropri-  Be  it  enacted,  $*£•>  That  a  sum  not  exceeding  five  thousand 
dollars  be,  and  the  same  is  hereby,  appropriated,  payable  out  of 
any  money  in  the  treasury  not  otherwise  appropriated,  to  de- 
fray the  expense  which  shall  be  incurred  in  any  actual  experi- 
ments, when  the  President  of  the  United  States  shall  deem  it 
expedient  to  cause  such  experiments  to  be  made,  which  shall 
be  made  under  the  immediate  direction  of  the  Secretary  of  the 
Navy,  for  the  purpose  of  ascertaining  with  precision  how  far  the 
torpedo,  or  sub-marine  explosions,  may  be  usefully  employed  as 
engines  of  war,  who  is  hereby  directed  to  report  to  Congress 
the  result  of  the  experiment  with  his  opinion  thereon. 
APPROVED,  March  30,  1810. 


AN  ACT  establishing  navy  hospitals. 
[Altered  and  amended  by  act,  approved  July  10,  1832.] 

secretaries  of  na-  *    '  ^e  ^  enacted,  fyc.,  That  the  money  hereafter  col- 

,  treasury,  and  lected  by  virtue  of  the  act,  entitled  "  An  act  in  addition  to  c  An 
for  "the  relief  of  sick  and  disabled  seamen,'  "  shall  be  paid 
to  the  Secretary  of  the  Navy,  the  Secretary  of  the  Treasury,  and 
the  Secretary  of  War,  for  the  time  being,  who  are  hereby  appoint- 
ed a  board  of  commissioners,  by  the  name  and  style  of  com- 
missioners of  navy  hospitals,  which,  together  with  the  sum  of 
fifty  thousand  dollars,  hereby  appropriated  out  of  the  unexpend- 
ed balance  of  the  marine  hospital  fund,  to  be  paid  to  the  com- 
missioners aforesaid,  shall  constitute  a  fund  for  navy  hospitals. 


89 

SEC.  2.  And  be  it  further  enacted^  That  all  fines  imposed       1811. 
on  navy  officers,  seamen,  and  marines,  shall  be  paid  to  the  com-  Fines  to  be  paid 

•     •      J  c  /    i  to  them. 

missioners  or  navy  hospitals. 

SEC.  3.  And  be  it  further  enacted,  That  the  commissioners  comm^wner^ 
of  navy  hospitals  be,  and  they  are  hereby,  authorized  and  re-  Ssuitaw^piaces', 
quired  to  procure,  at  a  suitable  place  or  places,  proper  sites  for  fornavyhosPltal3 
navy  hospitals,  and  if  the  necessary  buildings  are  not  procured 
with  the  site,  to  cause  such  to  be  erected,  having  due  regard  to 
economy,  and  giving  preference  to  such  plans  as,  with  most 
convenience  and  least  cost,  will  admit  of  subsequent  additions, 
as  the  funds  will  permit  and  circumstances  require ;  and  the 
commissioners  are  required,  at  one  of  the  establishments,  to  pro-  wS1  officers danad 
vide  a  permanent  asylum  for  disabled  and  decrepid  navy  offi-  seamen. 
cers,  seamen,  and  marines. 

SEC.  4.  And  be  it  further  enacted.  That  the  Secretary  of  secretary  of  navy 
the  Navy  be  authorized  and  required  to  prepare  the  necessary  saryrruTer|forCthe 
rules  and  regulations  for  the  government  of  the  institution,  and  Cpita£!nt°fthe 
report  the  same  to  the  next  session  of  Congress. 

SEC.  5.  And  be  it  further  enacted.  That,  when  any  navy  Allowance  from 

~/Y»  •  i      11    i  i      •         i    •  i  tne    wages     and 

omcer,  seaman,  or  marine,  shall  be  admitted  into  a  navy  nos-  pensions  of  in  va- 
pital,  the  institution  shall  be  allowed  one  ration  per  day 
during  his  continuance  therein,  to  be  deducted  from  the  account 
of  the  United  States  with  such  officer,  seaman,  or  marine ;  and 
in  like  manner,  when  any  officer,  seaman,  or  marine,  entitled 
to  a  pension,  shall  be  admitted  into  a  navy  hospital,  such  pen- 
sion, during  his  continuance  therein,  shall  be  paid  to  the  com- 
missioners of  the  navy  hospitals,  and  deducted  from  the  account 
of  such  pensioner. 

APPROVED,  February  26,  1811. 


AN  ACT  concerning  the  naval  establishment 
[Obsolete.] 

SEC.  1.  Be  it  enacted,  <$TC.,  That  the  President  of  the  United  certain   frigates 
States  be,  and  he  is  hereby,  authorized  and  empowered  to  cause  ^unS  commit 
to  be  immediately  repaired,  equipped,  and  put  into  actual  service, 8ion< 
the  frigates  Chesapeake,  Constellation,  and  Adams ;  and  that  a 
sum  not  exceeding  three  hundred  thousand  dollars  be,  and  is  Appropriation, 
hereby,  appropriated  for  that  purpose. 

SEC.  2.   And  be  it  further  enacted,  That  the  officers  and  sea-  officers  of  the  na- 
men  of  the  navy  may  be  increased,  so  far  as  may  be  necessary  gj  accordingly^ 
to  officer,  man,  and  equip  the  vessels  so  to  be  put  into  service, 
any  law  to  the  contrary  notwithstanding. 

SEC.  3.  And  be  it  further  enacted,  That  the  sum  of  two  $200,000  annual- 
hundred  thousand  dollars,  annually,  for  three  years,  viz  :  one ^p'proVSed^for 
thousand  eight  hundred  and  twelve,  one  thousand  eight  hun- the  PHr,cn*se  °J 

'  t          i    f  materials  adapted 

dred  and  thirteen,  and  one  thousand  eight  hundred  and  four-  to  the  rebuilding 
teen,  be  appropriated,  towards  the  purchase  and  supply  of  a  £!„ 
stock  of  every  description  of  timber  required  for  ship  building, 
and  other  navy  purposes ;  and  that  the  first  appropriation  there- 


90 

1812.      of  be  made  in  the  purchase  of  timber  suitable  for  rebuilding  the 

~  frigates  Philadelphia,  General  Greene,  New  York,  and  Boston. 

HOW  the   sums      SEC.  4.   And  be  it  further  enacted.  That  the  sums  herein 

to  b™{Sid.ed  ire  specifically  appropriated  shall  be  paid  out  of  any  moneys  in  the 

treasury  not  otherwise  appropriated. 

SiSi  to  be      ^EC*  ^'  And  be  it  further  enacted.  That,  as  soon  as  it  shall 
used  as  circum-rbe  deemed  compatible  with  the  good  of  the  public  service,  the 
gun  b°ats  now  in  commission  be  laid  up,  and,  with  those  not 
in  commission,  be  distributed  in  the  several  harbors  of  the  ma- 
ritime frontier  which  are  most  exposed  to  attack,  to  be  careful- 
ly kept  and  used  as  circumstances  may  require. 
0bye  tto      ^EC*  6*  Ana  be  i(  further  enacted,  That  the  pursers  in  the 
President,   with  navy  of  the  United  States  shall  be  appointed  by  the  President 
ifVseSf011  of  the  United  States,  by  and  with  the  advice  and  consent  of 
the  Senate ;  and  that,  from  and  after  the  first  day  of  May  next, 
no  person  shall  act  in  the  character  of  purser,  who  shall  not 
have  been  thus  first  nominated  and  appointed,  excepting  pur- 
sers on  distant  service,  who  shall  not  remain  in  service  after  the 
first  day  of  July   next,  unless  nominated  arid  appointed  as 
aforesaid.     And  every  purser,  before  entering  upon  the  duties 
of  his  office,  shall  give  bond,  with  two  or  more  sufficient  sure- 
Pursers  to  give  ties,  in  the  penalty  of  ten  thousand  dollars  *  conditioned  faith- 
bond  for  $10,000.  f   ,,"'  *T  7i      i         i      •  />  'i 

fully  to  perform  all  the  duties  of  purser  in  the  navy  of  the 
United  States. 

APPROVED,  March  30,  1812. 


AN  ACT  concerning  letters  of  marque,  prizes,  and  prize  goods. 

TWO  per  cent,  on  SEC.  17.  And  be  it  further  enacted,  That  two  per  centum 
on  the  net  amount  (after  deducting  all  charges  and  expenditures) 
of  the  prize  money  arising  from  captured  vessels  and  cargoes, 
and  on  the  net  amount  of  the  salvage  of  vessels  and  cargoes  re- 
captured by  the  private  armed  vessels  of  the  United  States, 
shall  be  secured  and  paid  over  to  the  collector,  or  other  chief  of- 
ficer of  the  customs,  at  the  port  or  place  in  the  United  States  at 
which  such  captured  or  re-  captured  vessels  may  arrive  ;  or  to 
the  consul,  or  other  public  agent,  of  the  United  States,  residing 
at  the  port  or  place,  not  within  the  United  States,  at  which  such 
*  captured  or  re-captured  vessels  may  arrive.  And  the  moneys 
anVe'of  wounded  arising  therefrom  shall  be  held,  and  hereby  is  pledged,  by  the 
Sowsnsandl  or"  Government  of  the  United  States  as  a  fund  for  the  support  and 
maintenance  of  the  widows  and  orphans  of  such  persons  as  may 
be  slain  ;  and  for  the  support  and  maintenance  of  such  persons 
as  may  be  wounded  and  disabled  on  board  of  the  private  arm- 
ed vessels  of  the  United  States,  in  any  engagement  with  the 
enemy,  to  be  assigned  and  distributed  in  such  manner  as  shall 
hereafter  by  law  be  provided,  f 

APPROVED,  June  26,  1812. 


to 


To    be    invested 
for  the  mainten 


*  Bond  increased  to  $25,000  by  act,  approved  March  1,  1817. 

fSee  acts,  approved  Feb.  13,  1813,  Aug.  2,  18J3,  and  March  4,  1814. 


91 

AN  ACT  to  increase  the  navy  of  the  United  States.  1813. 


[Obsolete.] 

SEC.  1.  Be  it  enacted,  fyc.,  That  the  President  of  the  United 
Stales  shall  be,  and  he  hereby  is,  authorized,  as  soon  as  suitable  equipped. 
materials  can  be  procured  therefor,  to  cause  to  be  built,  equipped, 
and  employed,  four  ships,  to  rate  not  less  than  seventy-four 
guns,  and  six  ships,  to  rate  forty-four  guns  each. 

SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  em-  complement   of 
ployed  on  board  each  of  the  said  ships  of  seventy-four  guns  S^^evemy-^ours 
each,  one  captain,  six  lieutenants,  one  captain,  one  first  lieu- 
tenant, and  one  second  lieutenant  of  marines,  one  surgeon,  one 
chaplain,  one  purser,  and  three  surgeon's  mates. 

SEC.  3.  And  be  it  further  enacted,  That  there  shall  be  em-  warrant  officers 
ployed  in  each  of  the  said  ships,  carrying  seventy-four  guns,  sa1meb°ard  lhe 
the  following  warrant  officers,  who  shall  be  appointed  by  the 
President  of  the  United  States  :  one  master,  one  second  mas- 
ter, three  master's  mates,  one  boatswain,  one  gunner,  one  car- 
penter, one  sail  maker,  and  twenty  midshipmen ;  and  the  fol- 
lowing petty  officers,  who  shall  be  appointed  by  the  captains  of 
the  ships  respectively  in  which  they  are  to  be  employed,  viz :  one 
armorer,  six  boatswain's  mates,  three  gunner's  mates,  two  car- 
penter's mates,  one  sailmaker's  mate,  one  cooper,  one  steward, 
one  master-at-arms,  one  cook,  one  cockswain,  one  boatwain's 
yeoman,  one  gunner's  yeoman,  one  carpenter's  yeoman,  ten 
quarter  gunners,  eight  quartermasters,  and  one  clerk  ;  and  one 
schoolmaster,  also  to  be  appointed  by  the  captain. 

SEC.  4.  And  be  it  further  enacted,  That  the  crews  of  each  complements  of 
of  the  said  ships,  of  seventy-four  guns,  shall  consist  of  two  hun- 
dred  able  seamen,  three  hundred  ordinary  seamen  and  boys,  ships. 
three  sergeants,  three  corporals,  one  drummer,  one  fifer,  and 
sixty  marines. 

SEC.  5.  And  be  it  further  enacted,  That  the  pay  of  thePayoftheschool 
schoolmaster  shall  be  twenty-five  dollars  per  month,  and  two  ra-  master, 
tions  per  day. 

SEC.  6.  And  be  it  further  enacted,  That  the  sum  of  two^500000appro_ 
millions  five  hundred   thousand  dollars  be,  and  the  same  is 
hereby,  appropriated,  out  of  any  moneys  in  the  Treasury  not 
otherwise  appropriated,  for  the  building  and  equipping  of  the 
aforesaid  ships  of  war. 

APPROVED,  January  2,  1813. 


AN  ACT  providing  for  navy  pensions  in  certain  cases. 
[Renewed  for  the  further  term  of  five  years,  by  act  of  April  16,  1818.] 

Be  it  enacted,  tyc.,  That,  if  any  officer*  of  the  navy  or  ma-  widows,  etc.,  of 
rines  shall  be  killed  or  die,  by  reason  of  a  wound  received  i 


the  line  of  his  duty,  leaving  a  widow,  or,  if  no  widow,  a  child  to  be  Placed>  in 

i  .7i  ,      J.  certain  cases,  on 

or  children,  under  sixteen  years  of  age,  such  widow,  or,  if  no  the  navy  pension 
widow,  such  child  or  children,  shall  be  entitled  to  receive  half  list< 

*  Extended  to  the  widows  and  orphans  of  seamen  and  marines,  by  act  ap- 
proved March  4,  1814. 


92 

1813.       the  monthly  pay  to  which  the  deceased  was  entitled  at  the  time 
•  of  his  death,  which  allowance  shall  continue  for  and  during  the 

e  term  °^  ^VG  vears  >  ^Llt  m  case  °^ tne  death  or  intermarriage  of 
"  such  widow,  before  the  expiration  of  the  said  term  of  five 
years,  the  half  pay  for  the  remainder  shall  go  to  the  child  or 
children  of  the  said  deceased  officer :  provided,  that  such  half 
pay  shall  cease  on  the  death  of  such  child  or  children  :  and  the 
money  required  for  this  purpose  shall  be  paid  out  of  the  navy 
pension  fund,  under  the  direction  of  the  commissioners  of  that 
fund. 

APPROVED,  January  20,  1813. 


AN  ACT  regulating  pensions  to  persons  on  board  private  armed  ships. 
[See  act  of  Aug.  2,  1813.] 

7eservTd°  in^the      SEC«  l-  Be  if  enacted,  $v.,  Thatthe  two  per  centum,  reserved 
hands  of  the  coi-  in  the  hands  of  the  collectors  and  consuls  bv  the  act  of  June, 

lectors  and  con-     .lt  •  ,,          ,  ,  •!••/*••  •         i 

sui&,  to  be  paid  eighteen  hundred  and  twelve,  entitled  "  An  act  concerning  let- 

to%ohnVtiteuTeUrya  ters  of  marque,  prizes,  and  prize  goods,"  shall  be  paid  to  the 

f  urdoses  ^*™  treasury,  under  the  like  regulations  provided  for  other  public 

money,  and  shall  constitute  a  fund  for  the  purposes  provided 

for  by  the  seventeenth  section  of  the  beforementioned  act. 

secretary  of  the      gEC.  2.  And  be  it  further  enacted.  That  the  Secretary  of  the 

navy  to  place  cer-  »T  .  i        •        i          i  •       i  -i- 

tain  persons  on  JMavy  be  authorized  and  required  to  place  on  the  pension  list, 
he  pension  hst.  un(jer  the  like  regulations  and  restrictions  as  are  used  in  rela- 
tion to  the  navy  of  the  United  States,  any  officer,  seaman,  or 
marine,  who,  on  board  of  any  private  armed  ship  or  vessel, 
bearing  a  commission  of  letter  of  marque,  shall  have  been 
wounded,  or  otherwise  disabled,  in  any  engagement  with  the 
.  enemy  ;  allowing  to  the  captain  a  sum  not  exceeding  twenty 
dollars  per  month;  to  lieutenants  and  sailing  master,  a  sum  not 
exceeding  twelve  dollars  each  per  month  ;  to  marine  officer, 
boatswain,  gunner,  carpenter,  master's  mate,  and  prize-masters, 
a  sum  not  exceeding  ten  dollars  each  per  month  ;  to  all  other 
officers,  a  sum  not  exceeding  eight  dollars  each  per  month,  for 
the  highest  rate  of  disability,  and  so  in  proportion  ;  and  to  a 
seaman,  or  acting  as  a  marine,  the  sum  of  six  dollars  per  month, 
for  the  highest  rate  of  disability,  and  so  in  proportion  ;  which 
several  pensions  shall  be  paid,  by  direction  of  the  Secretary  of 
the  Navy,  out  of  the  fund  above  provided,  and  from  no  other. 

commanding  of-      SEC.  3.  And  be  it  further  enacted.  That  the  commanding 

ficers  to  enter  the     /v.  /.  i  i         •  •     •  i  /• 

names,  etc.,  of  officer  of  every  vessel  having  a  commission,  or  letters  or  marque 
and  reprisal,  shall  enter  in  his  journal  the  name  and  rank  of 
any  officer,  and  the  name  of  any  seaman,  who,  during  his 
cruise,  shall  have  been  wounded  or  disabled  as  aforesaid,  de- 
scribing the  manner  and  extent,  as  far  as  practicable,  of  such 
wound  or  disability. 

SEC.  4.  And  be  it  further  enacted,  That  every  collector  shall 
JJuPrnaisoftoSlthe  transn"t'  (luarterly?  to  the  Secretary  of  the  Navy,  a  transcript  of 
secretary  of  the  such  journals  as  may  have  been  reported  to  him,  so  far  as  it 
gives  a  list  of  the  officers  and   crew,  and  the  description  of 


fSSSZ  tn»£ 


93 

wounds  and  disabilities,  the  better  to  enable  the  Secretary  to       1813. 
decide  on  claims  for  pensions. 

[Pensions  granted  to  the  widows  and  orphans  of  those  killed,  by  act  approved 
March  4,  1814.] 

APPROVED,  February  13,  1813. 

AN  ACT  supplementary  to  the  act  for  increasing  the  navy. 

[Obsolete.] 
SEC.  1.  Be  it  enacted.  d*c.,  That  the  President  be,  and  he  is  sixsioops  of  war 

to  be  built,  man- 


,        .        ,          i  I       -i        •         i  /.  I          i  , 

hereby,  authorized  to  have  built  six  sloops  of  war,  and  to  have  ned,  and  equi 
the  same  manned,  equipped,  and  commissioned  for  service;  and  pedfo 
that  the  President  be  authorized  to  have  built,  or  procured,  such  vessels  also  to  be 
a  number  of  sloops  of  war,  or  other  armed  vessels,  to  be  man-  far£Pgred  for  the' 
ned,  equipped,  and  commissioned,  as  the  public  service  may 
require,  on  the  lakes. 

SEC.  2.  And  be  it  further  enacted.  That  the  President  oej  p0ffrfteerdstobeap" 
and  he  is  hereby,  authorized  to  appoint  such  officers,  and  to  P° 
employ  the  number  of  seamen,  which  may  be  necessary  for 
such  vessels  as  are  authorized  by  law  to  be  put  in  commission, 
any  law  to  the  contrary  notwithstanding. 

*SEC.  3.  And  be  it  further  enacted,  That,  for  the  building  or  $^0,000  appro- 
procuring  said  vessels,  and  for  the  payment  of  two  hundred  thou-  pl 
sand  dollars  for  vessels  already  procured  on  the  lakes,  by  di- 
rection of  the  President,  the  sum  of  nine  hundred  thousand 
dollars,  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated, be,  and  the  same  is  hereby,  appropriated. 

SEC.  4.  And  be  it  further  enacted,  That  the  sum  of  one  $100,000  appro- 
hundred  thousand  dollars  be  appropriated  for  the  purpose  of  y£3?d  * 
establishing  a  dock  yard,  for  repairing  the  vessels  of  war,  in  such 
central  and  convenient  place  on  the  seaboard  as  the  President 
of  the  United  States  shall  designate. 

SEC.  5.  And  be  it  further  enacted,  That  the  President  be,  SSSibr  3- 


and  he  is  hereby,  authorized  to  contract  for  the  building  of  any  ding  any  of  the  44 

/  '  .  .  .        i  •,  i    J  gun  ships. 

of  the  six  forty-four  gun  ships  authorized  by  law  '.provided,  that  The  same  to  be 
the  building  be  under  inspection  of  an  agent  appointed  by  the  SSn^f  wi1  agent 
Secretary  of  the  Navy. 

SEC.  6.  And  be  it  further  enacted,  That  the  President  of  Sa!f  of  %™  boats 

i      TT-io  i  i       •       -i  ii  T  authorized. 

the  United  JMates  be  authorized  to  sell,  or  dispose  of,  such  and 

so  many  of  the  gun  boats  belonging  to  the  United  States,  as 
may  have  become  unfit  for  service,  or  as,  in  his  judgment,  may 
no  longer  be  necessary  to  be  retained  by  the  Government. 
APPROVED,  March  3,  1813. 

AN  ACT  for  the  regulation  of  seamen  on  board  the  public  and  private  vessels 
of  the  United  States. 

SEC.  1.  Be  it  enacted,  fyc.,  That,  from  and  after  the  termina-  After  the  war,  «- 

..  -     i  .  i  •  i      i       TT    •      i    o«  -i  teens  of  U.    «» 

tion  of  the  war  in  which  the  United  Jbtates  are  now  engaged  only  to  be  em- 
with  Great  Britain,  it  shall  not  be  lawful  to  employ  on  board  Kr^HvSet 
any  of  the  public  or  private  vessels  of  the  United  States,  any  ^e°sftheUnited 
person  or  persons,  except  citizens  of  the  United  States,  or  per- 
sons of  color,  natives  of  the  United  States. 


94 

1813.  SEC.  2.  And  be  it  further  enacted,  That,  from  and  after  the 

Naturalized  citi-  time  when  this  act  shall  take  effect,  it  shall  not  be  lawful  to 
mly be  eniojed  employ,  as  aforesaid,  any  naturalized  citizen  of  the  United 
States,  unless  such  citizen  shall  produce  to  the  commander  of 
the  public  vessel,  if  to  be  employed  on  board  such  vessel,  or  to 
a  collector  of  the  customs,  a  certified  copy  of  the  act  by  which 
he  shall  have  been  naturalized,  setting  forth  such  naturaliza- 
tion, and  the  time  thereof. 

Lists  of  the  crews      SEC-  3.  And  be  it  further  enacted,  That,  in  all  cases  of  pri- 
cenm^^prevt  vate  vessels  of  the  United  States  sailing  from  a  port  in  the  Uni- 
ousiy^tothe  sail-  ted  States  to  a  foreign  port,  the  list  of  the  crew,  made  as  here- 
foreSgn  voSyaie?.n  tofore  directed  by  law,  shall  be  examined  by  the  collector  for  the 
district  from  which  the  vessel  shall  clear  out,  and,  if  approved 
of  by  him,  shall  be  certified  accordingly.     And  no  person  shall 
be  admitted  or  employed  as  aforesaid,  on  board  of  any  vessel 
aforesaid,  unless  his  name  shall  have  been  entered  in  the  list  of 
the  crew,  approved  and  certified  by  the  collector  for  the  district 
from  which  the  vessel  shall   clear  out  as  aforesaid.     And  the 
said  collector,  before  he  delivers  the  list  of  the  crew,  approved 
corded^n abook" anc^  certifie(l  as  afoi'esaid,  to  the  captain,  master,  or  proper  offi- 
cer of  the  vessel  to  which  the  same  belongs,  shall  cause  the 
same  to  be  recorded  in  a  book,  by  him  for  that  purpose  to  be 
^~  provided,  and  the  said  record  shall  be  open  for  the  inspection 
of  all  persons,  and  a  certified  copy  thereof  shall  be  admitted  in 
evidence  in  any  court  in  which  any  question  may  arise,  under 
any  of  the  provisions  of  this  act. 

supplemental  di-      SEC.  4.  And  be  it  further  enacted.  That  the  President  of 
S?bS  theypree  t^le  United  States  be,  and  he  hereby  is,  authorized,  from  time 


)y  tne  rre-          .  i .  •  «  • 

with  res-  to  time,  to  make  such  further  regulations,  and  to  give  such  di- 
""  rections  to  the  several  commanders  of  public  vessels,  and  to  the 
u-  s<  several  collectors,  as  may  be  proper  and  necessary  respecting 

the  proofs  of  citizenship,  to  be  exhibited  to  the  commanders  or 
Proviso.  collectors  aforesaid  :  provided,  that  nothing  contained  in  such 

regulations,  or  directions,  shall  be  repugnant  to  any  of  the  pro- 
visions of  this  act, 

seamen  or  sea-      SEC.  5.  And  be  it  further  enacted,  That,  from  and  after  the 
ifynadmTtted3°!Istime  when  this  act  shall  take  effect,  no  seaman  or  other  seafar- 
nferX^veTseis  mg  man,  not  being  a  citizen  of  the  United  States,  shall  be  ad- 
upon  certain  con-  mitted  or  received  as  a  passenger  on  board  of  any  public  or  pri- 
vate vessel  of  the  United   States,  in  a  foreign  port,  without 
permission  in  writing  from  the  proper  officers  of  the  country  of 
which  such  seaman  or  seafaring  man  may  be  subject,  or  citizen. 
SEC.  6.  And  be  it  further  enacted,  That,  from  and  after  the 
i-  time  when  this  act  shall  take  effect,  the  consuls,  or  commercial 
?,  of  any  nation  at  peace  with  the  United  States,  shall  be 
.tain  cases.          admitted  (under  such  regulations  as  may  be  prescribed  by  the 
President  of  the  United  States)  to  state  their  objections  to  the 
proper  commander  or  collector  as  aforesaid,  against  the  em- 
ployment of  any  seaman,  or  seafaring  man,  on  board  of  any  pub- 
lic or  private  vessel  of  the  United  States,  on  account  of  his  be- 
ing a  native  subject  or  citizen  of  such  nation,  and  not  embraced 


95 

within  the  description  of  persons  who  may  be  lawfully  em-       1813. 
ployed,  according  to  the  provisions  of  this  act;  and   the  said  ~~ 
consuls,  or  commercial  agents,  shall  also  be  admitted,  under  the  present3  wK  the 
said  regulations,  to  be  present  at  the  time  when  the  proofs  of  ^fs 
citizenship,  of  the  persons  against  whom  such  objections  may  gated. 
have  been  made,  shall  be  investigated  by  such  commander  or 
collector. 

SEC.  7.  And  be  it  further  enacted.  That  if  any  commander  Penalty 
of  a  public  vessel  of  the  United  States  jshall  knowingly  employ,        ' 
or  permit  to  be  employed,  or  shall  admit  or  receive,  or  permit 
to  be  admitted  or  received,  on  board  his  vessel,  any  person  ofthe  u.  states. 
whose  employment  or  admission  is  prohibited  by  the  provisions 
of  this  act,  he  shall,  on  conviction  thereof,  forfeit  and  pay  the 
sum  of  one  thousand  dollars  for  each  person  thus  unlawfully 
employed  or  admitted  on  board  such  vessel. 

SEC.  8.  And  be  it  further  enacted,  That  if  any  person  shall,  Masters  &  own- 
contrary  to  the  prohibitions  of  this  act,  be  employed,  or  be  re-  seL°fptoVatforSt 
ceived,  on  board   of  any  private  vessel,   the  master  or  com-  $500< 
mander,  and  the  owner  or  owners,  of  such  vessel,  knowing 
thereof,  shall  respectively  forfeit  and  pay  five  hundred  dollars 
for  each  person  thus  unlawfully  employed  or  received  in  any 
one  voyage  ;  which  sum,  or  sums,  shall  be  recovered,  although 
such  seaman  or  person  shall  have  been  admitted  and  entered  in 
the  certified  list  of  the  crew  aforesaid,  by  the  collector  for  the 
district  to  which  the  vessel  may  belong*  :  and  all  penalties  and  „ 

f     r  .  .   .  .     J  .  /.     i  •  Penalties    to    be 

forfeitures  arising  under,  or  incurred  by  virtue  of,  this  act,  may  recovered  by  ac- 
be  sued  for,  prosecuted,  and  recovered,  with  costs  of  suit  by  ac-  tic 
tion  of  debt,  and  shall  accrue  and  be,  one  moiety  thereof  to  the 
use  of  the  person  who  shall  sue  for  the  same,  and  the  other 
moiety  thereof  to  the  use  of  the  United  States. 

SEC.  9.  And  be  it  further  enacted,  That  nothing  in  this  act,  Foreign  seamen 
contained  shall  be  construed  to  prohibit  any  commander,  or  KmeS^s- 
master.  of  a  public  or  private  vessel  of  the  United  States,  whilst  sels  in  foKis^ 

c        .  f          A  •    -  •  ports. 

m  a  foreign  port  or  place,  from  receiving  an  American  seaman  conditions. 
in  conformity  to  law,  or  supplying  any  deficiency  of  seamen  on 
board  such  vessel,  by  employing  American  seamen,  or  subjects 
of  such  foreign  country,  the  employment  of  whom  shall  not  be 
prohibited  by  the  laws  thereof. 

SEC.  10.  And  be  it  further  enacted,  That  the  provisions  of  provisions  of  this 
this  act  shall  have  no  effect  or  operation  with  respect  to  the  em- 


ployment,  as  seamen,  of  the  subjects  or  citizens  of  any  foreign  izensor  subjects 

•  i  •    i       i      n  i  '    ^  •  •  i      i       of  nations  which 

nation  which  shall  not,  by  treaty  or  special  convention  with  the  have  not  adopted 
Government  ofthe  United  States,  have  prohibited,  on  board  of  its  PrincipleSt 
her  public  and  private  vessels,  the  employment  of  native  citi- 
zens of  the  United  States,  who  have  not  become  a  citizen  or 
subject  of  such  nation. 

SEC.  11.  And  be  it  further  enacted,  That  nothing  in  this  Nor  to  be  a  bar  to 
act  contained  shall  be  so  construed  as  to  prevent  any  arrange-  any  tr< 
ment  between  the  United  States  and  any  foreign  nation,  which 
may  take  place,  under  any  treaty  or  convention,  made  and  ra- 
tified in  the  manner  prescribed  by  the  Constitution  of  the  Uni- 
ted States. 


96 

1813.  SEC.  12.  And  be  it  further  enacted.  That  no  person,  who 

Residence  of  five  shall  arrive  in  the  United  Stales,  from  and  after  the  time  when 
SSty ^qualify  this  act'shall  take  effect,  shall  be  admitted  to  become  a  citizen 
?om™tL0ene" of  the  United  States,  who  shall  not,  for  the  continued  term  of 
five  years  next  preceding  his  admission  as  aforesaid,  have  resid- 
ed within  the  United  States,  without  being  at  any  time,  during 
the  said  five  years,  out  of  the  territory  of  the  United  States, 
penait  for  for        SEC.  13.  And  be  it  further  enacted,  That  if  any  person 
in? certificates  of  shall  falsely  make,  forge,  or  counterfeit,  or  cause  or  procure  to 
protections.     °r  De  falsely  made,  forged,  or  counterfeited,  any  certificate,  or  evi- 
dence of  citizenship,  referred  -to  in  this  act ;  or  shall  pass,  utter, 
or  use  as  true,  any  false,  forged,  or  counterfeited  cerlificate  of 
citizenship,  or  shall  make  sale,  or  dispose  of,  any  certificate  of 
citizenship  to  any  person  other  than  the  person  for  whom  it  was 
originally  issued,  and  to  whom  it  may  of  right  belong,  every 
such  person  shall  be  deemed  and  adjudged  guilty  of  felony; 
and  on  being  thereof  convicted,  by  due  course  of  law,  shall  be 
sentenced  to  be  imprisoned  and  kept  to  hard  labor  for  a  period 
not  Less  than  three,  or  more  than  five,  years,  or  be  fined  in  a  sum 
not  less  than  five  hundred  dollars,  nor  more  than  one  thousand 
dollars,  at  the  discretion  of  the  court  taking  cognizance  thereof. 
NO  suit  for  any      SEC.  14.  And  be  it  further  enacted,  That  no  suit  shall  be 
tMs^actJ  unless  brought  for  any  forfeiture  or  penalty  incurred  under  the  provi- 
year!Tnced  '"  3  visions  of  this  act,  unless  the  suit  be  commenced  within  three 
years  from  the  time  of  the  forfeiture. 
APPROVED,  March  3,  1813. 

AN  ACT  authorizing  the  President  of  the    United  States  to  cause  to  be  built 

barges  for  the  defence  of  the  ports  and  harbors  of  the  United  States. 

[Repealed,  Feb.  27,  1815.] 

SEC.  1.  Be  it  enacted,  8fc.,  That,  for  the  protection  of  the 
President  cause  ports  and  harbors  of  the  United  States,  the  President  shall  cause 
berbof UbargelUfor  to  be  built,  without  delay,  such  number  of  barges  as  he  may 
the portSdhar- deem  necessary,  to  be  armed,  equipped,  and  manned,  as  he 
borsof  tneu.  s.  may  direct,  of  a  size  not  less  than  forty-five  feet  long,  and  ca- 
pable of  carrying  heavy  guns. 

ooo  a)  ro       SEC.  2.  And  be  it  further  enacted,  That,  for  the  purpose 
printed   itoMihe  aforesaid,  the  sum  of  two  hundred  and  fifty  thousand  dollars 
be,  and  the  same  is  hereby,  appropriated,  to  be  paid  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 
APPROVED,  July  5,  1813. 


AN  ACT  providing  for  the  further  defence  of  the  ports  and  harbors  of  the  Uni- 

ted States. 

[Obsolete.] 

President    may      SEC.  1.    Be  it  enacted,  fyc.,  That  the  President  be,  and  he 
Snkeforlkgsreater^s  nereby>  authorized,  whenever  the  same  shall  be  deemed  ne- 
ports  cessary  for  the  defence  and  security  of  any  of  the  ports  and 


of  po 


harbors  of  the  United  States,  to  cause  to  be  hired,  or  purchased, 
hulks,  or  other  means  of  impediment  to  the  entrance  of  the 
ships  or  vessels  of  the  enemy,  to  be  sunk  with  the  consent  of 


97 

the  proper  authority  of  the  State  in  which  such  port  or  harbor      1814. 
may  be,  and  the  same  to  be  removed  whenever,  in  his  opinion,  ~ 
it  may  be  done  with  safety  to  such  ports  or  harbors. 

SEC.  2.  And  be  if  further  enacted,  That,  to  defray  any  ex-  $250,000  appro- 
pense  which  may  be  incurred  under  this  act,  the  sum  of  two  hun-  Prialed< 
idred  and  fifty  thousand  dollars  be,  and  the  same  is  hereby,  appro- 
priated, to  be  paid  out  of  any  moneys  in  the  treasury  not  other- 
wise appropriated. 

APPROVED,  July  16,  1813. 

AN  ACT  to  amend  and  explain  the  act  regulating  pensions  to  persons  onboard 

private  armed  ships.  Construction    of 

Be  it  enacted,  ^c.,  That  the  act,  regulating  pensions  to  per- 
sons  on  board  private  armed  ships,  shall  be  construed  to  autho-  &c> 
rize  the  Secretary  of  the  Navy  to  place  on  the  pension  list,  un- 
der the  restrictions  and  regulations  of  the  said  act,  any  officer, 
seaman,  or  marine,  belonging  to  any  private  armed  ship  or  ves- 
sel of  the  United  States,  bearing  a  commission  of  letter  of 
marque,  who  shall  have  been  wounded,  or  otherwise  disabled,  in 
the  line  of  their  duty  as  officers,  seamen,  or  marines,  of  such 
private  armed  ship  or  vessel. 

APPROVED,  August  2,  1813. 

AN  ACT  giving  pensions  to  the  orphans  and  widows  of  persons  slain  in  the 

public  or  private  armed  vessels  of  the  United  States. 

[Pensions  granted  under  this  act,  renewed  for  the  further  term  of  five  years, 
by  act  of  April  16,  1818  ;  and  its  provisions  extended  so  as  to  embrace  the  wi- 
dows, &c. ,  of  those  who  may  have  died  in  consequence  of  accident  or  casualty.  ] 

SEC.  1.  Be  it  enacted,  <$pc. ,  That  if  any  officer,  seaman,  or  rna-  officers,  seamen, 
rine,  serving  on  board  of  any  private  armed  ship  or  vessel,  bearing  boarT 
a  commission  of  letter  of  marque,  shall  die,  or  shall  have  died  JJ™®d 
since  the  18th  day  of  June,  in  the  year  of  our  Lord  1812,  by 
reason  of  a  wound  received  in  the  line  of  his  duty,  leaving  a 
widow,  or,  if  no  widow,  a  child  or  children  under  sixteen  years  pSaS"  On°  the 
of  age,  such  widow,  or,  if  no  widow,  such  child  or  children,  JfJJjJS,^  &c- 
shall  be  placed  on  the  pension  list  by  the  Secretary  of  the  Navy,  fy  aw5on°ntt» 
who  shall  allow  to  such  widow,  child,  or  children,  half  the  J?gS  ^eceraasne$ 
monthly  pension  to  which  the  rank  of  the  deceased  would  have  S^^^er 
entitled  him  for  the  highest  rate  of  disability,  under  "  An  act  the  act  mention- 
regulating  pensions  to  persons  on  board  private  armed  ships ;"  ^' 
which  allowance  shall  continue  for  the  term  of  five  years;  but  death 
in  case  of  the  death  or  intermarriage  of  such  widow  before  the  SSfSJ 
expiration  of  the  term  of  five  years,  the  half  pay  for  the  re- 
mainder  of  the  term  shall  go  to  the  child  or  children  of  the  de- 
ceased  :  provided.,  that  the  half  pay  shall  cease  on  the  death  of 
such  child  or  children.  And  the  several  pensions,  hereby  di-  to  be  paid  out  of 
rected,  shall  be  paid  by  direction  of  the  Secretary  of  the  Navy,  £  byn 
out  of  the  fund  provided  by  the  17th  section  of  an  act,  entitled  SS 
"  An  act  concerning  letters  of  marque,  prizes,  and  prize  goods ;"  Any  seaman  ' 
-and  from  no  other. 

SEC.  2.  Arid  be  it  further  enacted,  That  if  any  seaman,  or  ma- 


98 

1814.      rine,  belonging  to  the  navy  of  the  United  States  shall  die,  or  if  any 

&c.  by  reason  of  officer,  seaman,  or  marine,  belonging  to  the  navy  of  the  United 

STvvs^'cwi- States,  shall  have  died  since  the  18th  day  of  June,  in  the  year 

half  the  monthly  of  our  Lord  18125  by  reason  of  a  wound  received  in  the  line  of 

pay,  &c.  for  five  his  duty,  leaving  a  widow,  or,  if  no  widow,  a  child  or  children 

under  sixteen  years  of  age,  such  widow,  or,  if  no  widow,  such 

child  or  children,  shall  be  entitled  to  receive  half  the  monthly  pay 

to  which  the  deceased  was  entitled  at  the  time  of  his  death,  which 

allowance  shall  continue  for  the  term  of  five  years;   but  in  case 

if  the  widow  dies  of  the  death  or  intermarriage  of  such  widow,  before  the  expiration 

or    marries,    be-     -,,,  .j   .  -/.  TIM-  /•        i  •      i          c 

fore,  &c.  the  half  of  the  said  term  of  five  years,  the  half  pay  for  the  remainder  of 
SSdrenf  to  the  th.e  term  sha11  g°  to  the  child  or  children  of  the  deceased :  pro- 
vided, that  such  half  pay  shall  cease  on  the  death  of  such  child 
paid  ™uteof°the  or  children.  And  the  money  required  for  this  purpose  shall  be 
navy  pension  paid  Out  of  the  navy  pension  fund  under  the  direction  of  the 

fund,  &c.  .     .  *  A.    *•  £  •    j 

commissioners  of  that  fund. 
APPROVED,  March  4,  1814. 


AN  ACT  authorizing  the  President  of  the  United  States  to  cause  to  be  built, 
equipped,  and  employed,  one  or  more  floating  batteries,  for  the  defence  of  the 
waters  of  the  United  States. 

[Obsolete.] 

Be  it  enacted,  4'c.,  That  the  sum  of  five  hundred  thousand 
$500,000  appro-  dollars  be,  and  the  same  is  hereby,  appropriated,  for  the  purpose 
Sg*tedequrippiSg"  of  building,  equipping,  and  putting  into  service,  one  or  more 
&c.  one  or  more  floating  batteries,  of  such  magnitude  and  construction  as  shall 

floating  batteries,  '    . 

&c.  appear  to  the  President  of  the  United  States  best  adapted  to  at- 

tack, repel,  or  destroy,  any  of  the  ships  of  the  enemy  which 
may  approach  the  shores,  or  enter  the  waters,  of  the  United 
States,  and  that  the  sum  hereby  appropriated  shall  be  paid  out 
of  any  moneys  in  the  treasury  not  other vvise  appropriated. 
APPROVED,  March  9,  1814. 


AN  ACT  authorizing  the  appointment  of  certain  officers  for  the  flotilla  service. 
[Repealed,  Feb.  27,  1815.] 

The     president      SEC.  ^'  ^e^  enacted,  fyc.,  That  the  President  of  the  Uni- 
and  senate  au-  ted  States  be,  and  he  is  hereby,  authorized,  by  and  with  the 
ir°  ca?-  advice  and  consent  of  the  Senate,  to  appoint  four  captains  and 
toS  twelve  lieutenants,  to  be  employed  in  the  flotilla  service  of  the 
employed  m  the  United  States,  without  rank  in  the  navy,  but  with  the  same  re- 
'e'  lative  rank  and  authority  in  the  flotilla  service  as  officers  of  the 

same  grade  are  entitled  to  in  the  navy  of  the  United  States. 

and  subsis       ^EC*  ^"  ^nc^  ^e  ^  fur^er  enacted,  That  the  said  captains 

teanceaof ttu^cap-  shall  receive  the  pay  and  subsistence  of  a  captain  in  the  navy, 

IntiVwho^to  commanding  a  ship  of  twenty  and  under  thirty-two  guns,  and  the 

be  governed  by  lieutenants  the  same  pay  and  subsistence  as  officers  of  the  same 

the   rules    provi-  .  ,     ,         .   "  / 

dcd  for  the  navy,  rank  are  entitled  to  in  the  navy  of  the  United  States,  and  shall 
be  governed  by  the  rules  and  regulations  provided  for  the  gov- 
ernment of  the  navy. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  lawful 

ilSy  appofnltny  for  the  President  of  the  United  States  to  appoint,  in  the  recess 


99 

of  the  Senate,  any  of  the  officers  authorized  by  this  act,  which       1814. 
appointments  shall  be  submitted  to  the  Senate  at  their  next  ses-  of  the   officer* 

authorized,  &c., 
SlOn.  in  the  recess. 

APPROVED,  April  16,  1814. 


AN  ACT  authorizing  an  augmentation  of  the  marine  corps,  and  for  other  pur- 
poses. 

[Altered  by  subsequent  laws,  changing  the  organization  of  the  corps.] 

SEC.  1.  Be  it  enacted,  fyc.,  That  the  President  of  the  Uni- 
ted  States  be,  and  he  is  hereby,  authorized  to  cause  the  marine 
corps,  in  the  service  of  the  United  States,  to  be  augmented,  by 
the  appointment  and  enlistment  of  not  exceeding  one  major, 
fourteen  captains,  twelve  first  lieutenants,  twenty  second  lieu- 
tenants, sixty-one  sergeants,  forty-two*  drums  and  fifes,  and  six 
hundred  and  ninety-six  privates,  who  shall  be  respectively  al- 
lowed the  same  pay,  bounty,  clothing,  and  rations,  and  shall  be 
employed  under  the  same  rules  and  regulations,  to  which  the 
said  marine  corps  are,  or  shall  be,  entitled  and  subject. 

SEC.  2.  And  be  it  further  enacted.  That  the  adjutant,  pay-  The  staff  to  be 
master,  and  quartermaster,  of  the  marine  corps,  may  be  taken  clpSnSfr°S  Sl- 
either  from  the  line  of  captains  or  subalterns,  and  the  said  offi-  baitems.    Their 
cers  shall  respectively  receive  thirty  dollars  per  month,  in  addi-  pa 
tion  to  their  pay  in  the  line,  in  full  of  all  emoluments. 

SEC.  3.  Arid  be  it  further  enacted,  That  the  President  of  president    may 
the  United  States  be,  and  he  is  hereby,  authorized  to  con-  rank^in  cwuS 
fer  brevet  rank  on  such  officers  of  the  marine  corps  as  shall  dis- cases- 
tinguish  themselves  by  gallant  actions,  or  meritorious  conduct, 
or  who  shall  have  served  ten  years*  in  any  one  grade  :  provi-  Proviso. 
ded,  that  nothing  herein  contained,  shall  be  so  construed  as  to 
entitle  officers,  so  brevetted,  to  any  additional  pay  or  emolu- 
ments, except  when  commanding  separate  stations  or  detach- 
ments, when  they  shall  be  entitled  to,  and  receive,  the  same 
pay  and  emoluments,  which  officers  of  the  same  grades  are 
now,  or  hereafter  may  be,  allowed  by  law. 

SEC.  4.  And  be  it  further  enacted,  .That  it  shall  be  lawful  president    may 
for  the  President  of  the  United  States,  in  the  recess  of  the  Sen-  Sfi*£lj£ 
ate,  to  appoint  any  of  the  officers  authorized  by  this  act ;  which  of  the  senate, 
appointments  shall  be  submitted  to  the  Senate,  at  their  next 
session,  for  their  advice  and  consent. 

SEC.  5.  And  be  it  further  enacted,  That  it  shall  be  lawful  And  of  the  navy. 
for  the  President  of  the  United  States,  in  the  recess  of  the  Sen- 
ate, to  appoint  all  or  any  of  the  officers  of  the  navy  authorized 
by  existing  laws  ;  which  appointments  shall  be  submitted  to  the 
Senate,  at  their  next  session,  for  their  advice  and  consent. 

APPROVED,  April  16,  1814. 

*  So  much  of  this  section  as  authorizes  brevet  rank  for  ten  years  service,  re- 
pealed June  30,  1834. 


100 

1814.        AN  ACT  granting  pensions  to  the  officers  and  seamen  serving  on  board  the  re- 


venue cutters,  in  certain  cases. 

n  o thrive"      ^e  ^  cnacte^->  fyc'i  Tnat  tne  officers  and  seamen  of  the  re- 
mieenc0utters,redis"  venue  cutters  of  the  United  States,  who  have  been,  or  may  be, 
pfaced  &pnt0the  wounded  or  disabled  in  the  discharge  of  their  duty  whilst  co- 
pension  list,       operating  with  the  navy,  by  order  of  the  President  of  the  Uni- 
ted States,  shall  be  entitled  to  be  placed  on  the  navy  pension 
list,  at  the  same  rate  of  pension,  and  under  the  same  regulations 
and  restrictions,  as  are  now  provided  by  law  for  the  officers  and 
seamen  of  the  navy. 

APPROVED,  April  18,  1814. 

AN  ACT  to  provide  for  the  collection  and  preservation  of  such  flags,  standards, 
and  colors,  as  shall  have  been,  or  may  hereafter  be,  taken,  by  the  land  and  na- 
val forces  of  the  United  States,  from  their  enemies. 

[Completed.] 

wS^d^avy  ?of  SEC-  L  Be  **  enacted,  fyc.,  That  the  Secretaries  of  the  War 
collect  aii  flags,  and  Navy  departments  be,  and  they  are  hereby,  directed  to 
cause  to  be  collected  and  transmitted  to  them,  at  the  seat  of  the 
Government  of  the  United  States,  all  such  flags,  standards,  and 
colors,  as  shall  have  been,  or  may  hereafter  be,  taken,  by  the 
army  and  navy  of  the  United  States,  from  their  enemies. 

SEC.  2.  And  be  it  further  enacted,  That  all  the  flags,  stand- 
public  p^ce^as  arcjs?  an(j  colors,  of  the  description  aforesaid,  which  are  now  in 
shall  direct.        the  possession  of  the  departments  aforesaid,  and  such  as  may 
be  hereafter  transmitted  to  them,  be,  with  all  convenient  des- 
patch, delivered  to  the  President  of  the  United  States,  for  the 
purpose  of  being,  under  his  direction,  preserved  and  displayed, 
in  such  public  place  as  he  shall  deem  proper. 

$500  appropria-  SEC.  3.  And  be  it  further  enacted,  That  the  sum  of  five 
hundred  dollars  be,  and  the  same  is  hereby,  appropriated,  for 
the  above  purposes,  out  of  any  moneys  in  the  treasury  not 
otherwise  appropriated. 

APPROVED,  April  18,  1814. 

AN  ACT  concerning  the  pay  of  officers,  seamen,  and  marines,  in  the  navy  of 

the  United  States. 

[The  pay  of  all  commissioned  officers  except  pursers,  and  of  all  warrant  offi- 
cers, changed  by  subsequent  acts.     Sec.  2  repealed  Feb.  22,  1817.] 

Pa  &c  of  com  ^EC*  ^'  Be  ^  enacted,  fyc.,  That  the  pay  and  subsistence 
missioned  and  of  the  respective  commissioned  and  warrant  officers  be  as  fol- 
warrant  officers,  jQWg  .  a  ijeutenant,  other  than  a  master  commandant,  or  lieu- 
tenant commanding  a  small  vessel,  forty  dollars  per  month  and 
three  rations  per  day ;  a  chaplain,  forty  dollars  per  month  and 
two  rations  per  day ;  a  sailing  master,  forty  dollars  per  month 
and  two  rations  per  day;  a  surgeon,  fifty  dollars  per  month  and 
two  rations  per  day ;  a  surgeon's  mate,  thirty  dollars  per  month 
and  two  rations  per  day ;  a  purser,  forty  dollars  per  month  and 
two  rations  per  day;  a  boatswain,  twenty  dollars  per  month 
and  two  rations  per  day  ;  a  gunner,  twenty  dollars  per  month 
and  two  rations  per  day ;  a  sailmaker,  twenty  dollars  per  month 
and  two  rations  per  day ;  and  that  the  pay  to  be  allowed  to  the 


cases. 


101 

petty  officers  and  midshipmen,  and  the  pay  and  bounty  upon       1815. 
enlistment  of  the  seamen,  ordinary  seamen,  and  marines,  shall  Pay  and  bounty 
be  fixed  by  the  President  of  the  United  States :  provided,  that 
the  whole  sum  to  be  given,  for  the  whole  pay  aforesaid,  and 
the  pay  of  officers,  and  that  the  amount  of  bounties  upon  en-  ated  m  any  year, 
listment  of  seamen  and  marines,  shall  not  exceed,  for  any  year, 
the  amount  which  may,  in  such  year,  be  appropriated  for  those 
purposes  respectively. 

SEC.  2.  And  be  it  further  enacted,  That  the  President  be,  Augmentation  of 
and  he  is  hereby,  authorized  to  make  an  addition,  not  exceed- "' 
ing  twenty-five  per  cent.,  to  the  pay  of  the  officers,  petty  offi- 
cers, midshipmen,  seamen,  and  marines,  engaged  in  any  ser- 
vice, the  hardships  or  disadvantages  of  which  shall,  in  his  judg- 
ment, render  such  an  addition  necessary. 

APPROVED,  April  18,  1814. 

N.  B. — This  act  does  not  fix  the  pay  of  carpenters  ;  but  by  an  act,  approved 
July  1,  1797,  they  are  allowed  the  same  pay  and  rations  as  boatswains,  gunners, 
and  sailmakers,  and  they  have  always  received  the  same. 


AN  ACT  authorizing  the  President  of  the  United  States  to  cause  to  be  built,  or 
purchased,  the  vessels  therein  described. 

[Repealed,  Feb.  27,  1815.] 

SEC.  1.  Be  it  enacted,  fyc.,  That,  in  addition  to  the  present  ™?loriz*rdesideJ! 
naval  establishment,  the  President  of  the  United  States  be,  and  cause  to  be  bmit 
he  is  hereby,  authorized  to  cause  to  be  built,  or  purchased,  ^exceeding  20 
manned,  equipped,  and  officered,  any  number  of  vessels, 
exceeding  twenty,  which,  in  his  opinion,  the  public  service  may 
require,  to  carry  not  less  than  eight,  nor  more  than  sixteen,  guns 
each. 

SEC.  2.  And  be  it  further  enacted,  That,  for  the  building, 
or  purchase,  and  equipping,  of  these  vessels,  the  sum  of  six 
hundred  thousand  dollars  be,  and  the  same  is  hereby,  appropri- 
ated,  to  be  paid  out  of  any  money  in  the  treasury  not  other- 
wise appropriated.  ^ 

APPROVED,  November  15,  1814, 


AN  ACT  directing  the  staff  officers  of  the  army  to  comply  with  the  requisi- 
tions of  naval  and  marine  officers,  in  certain  cases. 

SEC.  1.  Be  it  enacted,  fyc.,  That  it  shall  be  the  duty  of  the  officers  of  the 
several  officers  of  the  staff  of  the  army  of  the  United  States,  JJ%rovkie  a0ffi- 
to  provide  the  officers,  seamen,  and  marines,  of  the  navy  of  the  £«*»  ^fj^ 
United  States,  when  acting,  or  proceeding  to  act,  on  shore,  in  tiie  navy,  when 

'  .  ,  &,  .   .   .  r7,,       acting  on    shore 

co-operation  with  the  land  troops,  upon  the  requisition  of  the  Witu  land  troops, 
commanding  naval  or  marine  officer  of  any  such  detachment  of  EVt 
seamen  or  marines,  under  orders  to  act  as  aforesaid,  with  ra-  and  camp 
tions,  also  the  officers  and  seamen  with  camp  equipage,  ac- ' 
cording  to  the  relative  rank  and  station  of  each,  and  the  mili- 
tary regulations   in   like   cases,  together   with  the   necessary 


102 

1815.  transportation,  as  well  for  the  men  as  for  their  baggage,  provi- 
tracf Sr/c?ofcthe  Slous?  an(*  cannon  :  provided,  nevertheless,  that  the  contract 
SSn?ntoebe  re-  price  of  the  rations,  which  may  be  furnished,  shall  be  reimbursed 

out^of  the  appropriations  for  the  support  of  the  navy. 
Quartermasters       SEC.  2.    And  be  it  further   enacted,  That  the  respective 
funS*  armcom°  (luartermasters  of  the  army  shall,  upon  the  requisition  of  the 
manding    navai  commanding  naval  officer  of  any  such  detachment  of  seamen 
hS®'  &forage! or  marines,  furnish  the  said  officer,  and  his  necessary  aids,  with 
horses,  accoutrements,  and  forage,  during  the  time  they  may  be 
employed  in  co-operating  with  the  land  troops  as  aforesaid. 
APPROVED,  December  15,  1814. 


AN  ACT  to  alter  and  amend  the  several  acts  for  establishing  a  navy  depart- 
ment, by  adding  thereto  a  board  of  commissioners. 

The  President  to      SEC.  1.  Be  it  enacted,  fyc.,  That  the  President  of  the  Uni- 

vy^fficera^who  ted  States  be,  and  he  is  hereby,  authorized,  by  and  with  the 

f  boSdTf8 com6-  advice  and  consent  of  the  Senate,  to  appoint  three  officers  of 

Sena"6™     for t^ie  nav^'  wnose  rank  shall  not  be  below  a  post  captain,  who 

shall  constitute  a  board  of  commissioners  for  the  navy  of  the 

United  States,  and  shall  have  power  to  adopt  such  rules  and 

regulations  for  the  government  of  their  meetings  as  they  may 

Powers  and  du- judge  expedient:  and  the  board,  so  constituted,  shall  be  attach- 

uesofthe  board.  ed  to  the  office  of  the  Secretary  of  the  Navy,  and,  under  his 

superintendence,  shall  discharge  all  the  ministerial  duties  of 
said  office,  relative  to  the  procurement  of  naval  stores  and  ma- 
terials, and  the  construction,  armament,  equipment,  and  em- 
ployment, of  vessels  of  war,  as  well  as  all  other  matters  con- 
Johintbt°hefrsecr?-nected  with  the  naval  establishment  of  the  United  States.  And 
noT  tois  excS  tnesa^  board  shall'  appoint  their  own  secretary,  who  shall  re- 
$2,000  per  an-  ceive,  in  compensation  for  his  services,  a  sum  not  exceeding 
[The  board  also  t wo  thousand  dollars  per  annum,  who  shall  keep  a  fair  record 
cTeprkS%ider°Xe  of  tneir  proceedings, ,•  subject  at  all  times  to  the  inspection  of  the 
act  of  aoth  April,  President  of  the  United  States,  and  the  Secretary  of  the  Navy. 
The'  board    to      SEC.  2.  And  be  it  further  enacted,  That  the  said  board  of 
?erg5iaaTiornsesafor  commissioners,   by   and   with   the    consent  of  the   Secretary 
mky1n\eUseve~  °^  tne  Navv5  be,  anc*  are  hereby,  authorized  to  prepare  such 
rai    classes    ofrules  and  regulations  as  shall  be  necessary  for  securing  an  uni- 
formity in  the  several  classes  of  vessels,  and  their  equipments, 
and  for  repairing  and  refitting  them,  and  for  securing  responsi- 
bility in  the  subordinate  officers  and  agents  ;  which  regulations, 
when  approved  by  the  President  of  the  United  States,  shall  be 
respected  and  obeyed,  until  altered  and  revoked  by  the  same 
authority;  and  the  said  rules  and  regulations,  thus  prepared  and 
The  board  to  fur- approved,  shall  be  laid  before   Congress  at  their  next  session. 
&?  ?s'  It  shall  also  be  the  duty  of  said  board,  upon  the  requisition  of 

the  Secretary  of  the  Navy,  to  furnish  all  the  estimates  of  ex- 
penditure which  the  several  branches  of  the  service  may  re- 
quire, and  such  other  information  and  statements  as  he  may 
deem  necessary. 

The  officer  hold-      SEC.  3.  And  be  it  further  enacted,  That  the  officer  of  the 
ing  the    oldest  ^{d  board,  holding  the  oldest  commission,  shall  preside,  and 


103 

each  commissioner  shall  be  entitled  to  receive,  in  compensa-  1815. 
tion  for  his  services,  three  thousand  five  hundred  dollars  per  commission  to 
annum,  in  lieu  of  wages,  rations,  and  other  emoluments,  as  K!^done?u> 
naval  officers;  and  all  letters  and  packets,  to  and  from  the  said  J^6^^3'500 
commissioners,  which  relate  to  their  official  duties,  shall  be  free  Letters,  &c.free. 
from  postage. 

SEC.  4.  And  be  it  further  enacted,  That  nothing  in  this  act  Nothing  in  this 
shall  be  construed  to  take  from  the  Secretary  of  the  Navy  his  J 


control  and  direction  of  the  naval  forces  of  the  United  States,  C'°f 


force 
as  now  by  law  possessed.  • 

APPROVED,  February  7,  1815. 

AN  ACT  to  repeal  certain  acts  concerning  the  flotilla  service,  and  for  other 

purposes. 
[Obsolete.] 

SEC.  1.  Be  it  enacted,  ^c.,  That,  from  and  after  the  first  ^n  act  concern- 
day  of  April  next,  the  act,  entitled  "  An  act  authorizing  th^JyJS'SjyjJ 
President  of  the  United  States  to  cause  to  be  built  barges  for  ing  the  appoint- 
the  defence  of  the  ports  and  harbors  of  the  United  States,"  £rentth°ef  <£S£| 
passed  the  fifth  day  of  July,  in  the  year  one  thousand  eight  service,  repealed. 
hundred  and  thirteen  ;  also  an  act,  entitled  "  An  act  authoriz- 
ing the  appointment  of  certain  officers  for  the  flotilla  service," 
passed  the  sixteenth  day  of  April,  in  the  year  one  thousand 
eight  hundred  and  fourteen,  shall  be  repealed  and  cease  to  be 
jn  force. 

SEC.  2.  And  be  it  further  enacted.  That  the  barges,  and  other 

,  .  i/iMi  i-i»  i  /  i         i     •         f         T    Barges  and  other 

vessels,  composing  the  flotilla  establishment,  (they  being  first  di-  vessels  of  the  flo- 
vested  of  their  guns  and  military  stores,  which  are  to  be  care-  Jjjjj  up,b&c.°ld  °r 
fully  preserved,)  shall  be  sold,  or  laid  up,  under  the  direction  of 
the  President  of  the  United  States,  and  the  moneys  arising 
therefrom  paid  into  the  treasury  thereof. 

SEC.  3.  And  be  it  further  enacted,  That  all  the  commis-  Officer8  ana  pri_ 
sioned  and  warrant  officers,  and  all  the  privates,  who  shall  bevates  discharged 

T      i  i   •  /.    ,1  i      /.    ,i  e  •  i    to    receive    four 

discharged  in  consequence  of  the  s  repeal  of  the  acts  aforesaid,  months  pay,  over 
shall  be  entitled  to  receive  four  months'  pay,  over  and  above  what  and  above'  &Ct 
may  be  due  to  them,  respectively,  at  the  time  of  their  discharge. 

SEC.  4.  And  be  it  farther  enacted,  That  the  President  of  The     President 
the  United  be,  and  he  hereby  is,  authorized  to  cause  all  the  authorized      to 

,      i  /.iii  11  cause  the  armed 

armed  vessels  thereof  on  the  lakes,  except  such  as  he  may  deem  vessels   on  the 
necessary  to  enforce  the  proper  execution  of  the  revenue  laws, 
to  be  sold,  or  laid  up,  as  he  may  judge  most  conducive  to 
public  interest  ;  such  vessels  being  first  divested  of  their  arma- 
ment, tackle,  and  furniture,  which  are  to  be  carefully  preserved. 

SEC.  5.  And  be  it  further  enacted,  That  the  act,  entitled  ^  acl  authori_ 
"  An  act  authorizing  the  President  of  the  United  States  to  cause  ^{Jjjjjjj^jj 
to  be  built,  or  purchased,  the  vessels  therein  mentioned,"  pass-  vessels1,  repealed. 
ed  the  fifteenth  day  of  November,  in  the  year  one  thousand 
eight  hundred  and  fourteen,  be,  and  the  same  is  hereby,  re- 
pealed ;  and  the  President  of  the  United  States  is  hereby  au-  Sf8  Xequi?pt 
thorized  to  cause  to  be  sold  such  of  the  vessels  acquired  under  mav  be  sold>  &c- 


104 

1815.      the  said  act  as  he  may  deem  inexpedient  to  be  retained  in  the 
~~  public  service  ;  and  to  cause  the  money  arising  therefrom  to  be 
paid  into  the  public  treasury. 

SEC.  6.  And  be  it  further  enacted,  That  the  President  of 
The     President  ^ie  United  States  be,  and  he  is  hereby,  authorized  to  cause  to 
authorized      to  be  sold,  they  being  first  divested  of  their  guns  and  military 
to  beesoicunboats  stores,  which  are  to  be  carefully  preserved,  such  and  so  many 
of  the  gunboats  belonging  to  the  United  States,  as,  in  his  judg- 
ment, may  no  longer  be  necessary  to  be  retained  for  the  public 
service;  and  such  of  the  warrant  officers  and  privates,  as  may  be 
warrant  officers  discharged  in  consequence  of  su(5h  sale,  shall  be  entitled  to  re- 
and  privates  dis-  ceive  four  months'  pay,  over  and  above  what  may  be  due  to 

charged,  &c.  en-  .-,  ,    .-,       ,.  /•  "Ii      •       v      i 

titled    to    four  them  at  the  time  of  their  discharge. 

months'         pay,  .,-.    ,  rtl~     -  0-  ,» 

over  and  above,      APPROVED,  February  27,  1815. 


AN  ACT  concerning  the  naval  establishment. 

$soo,ooo  appro-  &e  *'*  enacted,  fyc.,  That,  in  addition  to  the  sums  here- 
printed  annually,  tofore  appropriated  for  that  purpose,  the  sum  of  two  hun- 

Ibr   three   years,   i      j  ,t~    *  *       S  j    n  '     *  i  -\     \  •    i          i  •         i 

towards  the  pur-  died  thousand  dollars*  be,  and  the  same  is  hereby,  appropriated, 
of SfrtoSc  oTevy  annually,  for  three  years,  towards  the  purchase  and  supply  of 
cry  description  of  a  stock  of  every  description  of  timber,  required  for  ship  build- 

iiu'itjor*  .  11  t  i  •  i  t* 

ing,  and  other  naval  purposes,  to  be  paid  out  01  any  moneys  in 
the  treasury,  not  otherwise  appropriated. 

APPROVED,  March  3,  1815. 


AN  ACT  in  addition  to  an  act,  entitled  te  An  act  in  relation  to  the  navy  pen- 
sion fund." 

SEC.  1.  Be  it  enacted,  fyc.,  That,  in  all  cases  of  prizes,  cap- 
tured by  the  public  armed  ships  of  the   United  States,  which 
shall  be  sold  under  the  order  of  the  proper  prize  court,  interlo- 
Proceeds  of  sales  cutory  or  final  decree,  it  shall  be  the  duty  of  the  marshal  of  the 
°uredplibzes  uSfc  United  States,  making  the  sale,  to  pay  the  proceeds  thereof  into 
armed  ship"  to  the  registry  of  the  proper  court,  within  thirty  days  after  such 
marshal  imo  file  sale  shall  be  made  and  closed  ;  and,  immediately  upon  the  pay- 
registry  of   the  ment  into  the  registry  of  the  proceeds  as  aforesaid,  it  shall  be 

court  within  tlnr-  &        J 

ty  days,  and  the  the  duty  of  the  clerk  of  the  court  to  deposite  the  same  in  some 
ateiy  to  d™pos?te  bank,  to  be  designated  by  the  judge  or  judges  of  the  court,  sub- 
»-Jec^ to  tne  O1'^er  anc^  distribution  of  the  court  as  in  other  cases; 
by  the  and  when  the  said  prizes  shall  have  been  duly  condemned,  it 
courtf  ie  shall  be  the  duty  of  the  court  to  direct  the  share  of  such  prizes, 

belonging  to  the  United  States,  to  be  forthwith  carried,  in  the 
aTehecondemned"  account  with  such  bank,  to  the  credit  of  the  Treasurer  of  the 
wJtCSert^wre^; Doited  States  on  account  of  the  navy  pension  fund;  and  co- 
the  united  states  pies  of  the  certificate  of  such  deposite  and  credit  shall  be  there- 
the^reTt^the  upon  transmitted  to  the  Treasurer  of  the  United  States  and  to 

Treasurer,  &c. 

*  This  sum,  or  the  unexpended  balance  thereof,  included  in  the  act,  approved 
April  29,  1816,  appropriating  $1,000,000  annually,  for  eight  years,  for  the  grad» 
ual  increase  of  the  navy. 


105 

the  Secretary  of  the  Navy,  as  soon  as  may  be,  by  the  clerk  of       1816. 
such  court;  and  the  share  of  such  prizes  belonging  to  the  cap-  The  share  of  the 
tors,  deposited  as  aforesaid,  shall  be  paid  over  to  the  parties  en-  over°upontheJor- 
titled,  or  to  their  authorized  agent,  or  agents,  upon  the  order  of  ^jU°dfge?e  C°Urt 
the  proper  court  in  term,  or  of  the  judge  or  judges  of  such 
court  in  vacation. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  JJarehais^  ^JJ* 
duty  of  the  marshals  of  the  several  districts  of  the  United  States,  their  accounts  in 
and  of  the  clerks  of  the  respective  courts  of  the  United  States,  KVdt^fte'r' 
to  state  and  settle  their  respective  accounts,  in  all  cases  of  prizes  final  adjudication 

.  ,  *        .  ,      /  unless  the  court 

captured  as  aforesaid,  specifying  therein  all  costs  and  charges  assigns  a  different 

taxed,  claimed,  arid  paid,  by  them,  and  to  submit  the  same  to  Ume- 

the  proper  court  having  cognizance  thereof,  for  examination 

and  allowance,  within  sixty  days  after  a  final  adjudication  of 

such  causes,  unless  a  different  time  shall  be  assigned  by  such 

court;  and  thereupon,  such  courts  in  term,  or  any  judge  there-  £Jm,or  Ses  £ 

of  in  vacation,  may  proceed  summarily  to  hear,  examine,  and  vacation,  "may 

!,  i  1        /.  i        11  summarily  exam  - 

allow,  the  same  accounts;  and,  after  such  allowance,  one  copy  me  and  aiiovv  the 
of  the  same  accounts  shall  be  filed  among  the  records  of  mfc'S^SffJSSB 
court,  and  another  copy  shall  be  transmitted,  by  the  clerk  of  the  ^'to  ti,"dSe  ^ 
court,  to  the  Secretary  of  the  Navy,  within  thirty  days  after  the  taryoftheNavy, 
allowance  thereof. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  the  duty  ^strict  tr  Attor- 
of  the  district  attorneys,  of  the  respective  districts  of  the  United  "oythc  secretary 
States,  to  transmit  to  the  Secretary  of  the  Navy  a  statement  of 
all  prizes  captured  as  aforesaid,  which  shall  be  libelled,  con- 
denmed,  or  restored,  at  each  term  of  the  district  and  circuit  stored. 
courts,  within  their  respective  districts,  as  soon  as  may  be,  after 
the  conclusion  of  each  term,  and  to  accompany  such  list  with 
a  schedule  and  invoice  of  the  various  articles  composing  the 
cargoes  of  such  prizes. 

SEC.  4.  And  be  it  further  enacted,   That   the   respective  The  courts  em- 
courts  of  the  United  States,  before  whom  a  libel  against  any  JSoMtoco^ 
prizes  captured  as  aforesaid  shall  be  pending,  or  by  whom  a  JnictStatoob^ 
decree  of  condemnation  and  distribution  of  such  prizes  shall  the  requisitions  of 
have  been  awarded,  shall  have  full  power  and  authority,  in  thethlsact; 
exercise  of  their  admiralty  and  maritime  jurisdiction,  to  issue  a 
monition,  and  other  proper  process,  to  compel  the  marshal  and 
clerk  to  perform  and  obey  the  requisitions  of  this  act  ;  and  upon  And  may  sum- 
the  complaint  of  the  United  States,  or  any  person  interested  in 


,  mee- 

the  premises,  summarily  to  hear  and  examine  the  same,  and  to  cree  according  to 

,r  ,  1111  •  •      J  j  justice  and  law. 

make  such  award,  order,  and  decree,  therein,  as  to  justice  and 
law  shall  appertain.  And  if  the  marshal  or  clerk  shall  wilful-  The  marshal  or 
ly  refuse,  or  unreasonably  neglect,  to  perform  and  obey  any  of  orerkr'efusmgCtuS 
the  requisitions  of  this  act,  the  party  so  refusing,  or  neglecting,  obey  the  rcgufei- 
shall  further  forfeit  and  pay,  to  the  United  States,  the  sum  of  forfeits  500  doiis.' 
five  hundred  dollars  for  every  such  refusal  or  neglect. 

SEC.  5.  And  be  it  further  enacted.  That  there  shall  be  al-  The  accountant 

111  /•    i       iv~  T-V  /•!•  of  the  Navy  De- 

iowed,  to  the  accountant  of  the  JMavy  Department,  for  his  extra  partment  allowed 
services  in  collecting,  stating,  and  settling,  the  accounts  of  prize 
money,  belonging  to  the  navy  pension  fund,  the  annual  sum  of  in   settling 


106 

1816.       three  hundred  dollars,  to   be  paid  quarterly-yearly,  out  of  the 
counts  of  prize  navy  pension  fund. 

vy°peeL?ofnthfunS"  SEC.  6.  And  be  it  further  enacted,  That,  whenever  sales  of 
^umhfi?saiesaofprizes  captured  as  aforesaid,  have  been  made  before  the  passing 
prizes  prior  to  of  this  act,  and  the  proceeds  thereof  have  not  been  paid  into 

this    act    within    .  .  .,    ,  -       ,,         ,.       .,  , 

six   months,  or  the  registry  of  the  proper  court,  or  finally  distributed  under  its 
hy°thercourt?cted  order,  it  shall  be  the  duty  of  the  marshal,  who  made  the  sale, 
within  six  calendar  months  from  the  passing  of  this  act,  or  such 
shorter  reasonable  time  as  may  be  assigned  by  the  court,  or  the 
judge  or  judges  thereof,  to  pay  into  the  registry  of  the  court  the 
proceeds  of  such  sale,  with  a  written  account  of  the  costs  and 
charges  attending  the  same,  and  to  submit  the  same  account,  for 
examination  and  allowance,  to  the  court,  or  to  the  judge  or 
judges  thereof;  and,  in  like  manner,  it  shall  be  the  duty  of  the 
fees  and  charges  respective  clerks  of  the   district   courts,  within   six   calendar 

within  6  months,  i       /•  i  •  r     t  •  i 

or  sooner  if  re- months  irom  the  passing  oi  this  act,  or  such  shorter  reasonable 
court.  he  time  as  may  be  assigned  by  the  proper  court,  or  the  judge  or 

judges  thereof,  to  present  to  such  court,  or  the  judge  or  judges 
thereof,  for  examination  and  allowance,  a  particular  account  of 
their  fees  and  charges,  in  all  cases  of  prizes  captured  as  afore- 
said, where  such  account  has  not  been  already  presented  and 
After    accounts  allowed  ;  and,  after  such  account  shall  be  examined  and  allow- 
6C^  ^  s^ia^  ^e  ^e(^  among  tne  i'ecords  of  the  court,  and  a  copy 
s  thereof,  duly  attested,  shall  be  transmitted  by  the  clerk  of  the 
-  court  to  the  Secretary  of  the  Navy ;  and  if  any  marshal,  or  clerk, 
if  the  marshal  or sna^  neglect,  or  refuse,  to  perform  the  duties  herein  required,  he 
cierk  neglect  or  may  be  proceeded  against  in  the  proper  court,  in  the  manner 
be^pJwSdT  provided  in  the  fourth  section  of  this  act. 

§amsti  SEC.  7.  And  be  it  further  enacted,  That,  in  cases  where  the 

the  half  momMy  allowance  of  the  half  monthly  pay,  which  may  now  be  granted, 

Seamen, andma- ^Y  law>  to  officers,  seamen,  and  marines,  disabled  in  the  service 

nnes,  is^not  suffi- of  the  United  States,  shall,  in  the  opinion  of  the  commissioners 

sSstence,    e!t  of  the  navy  pension  fund,  from  the  nature  and  extent  of  the 

ed%Jtenot  to^x-  disability,  and  the  situation  of  the  party  disabled,  be  inadequate 

ceed  fuii  pay.      to  his  necessaiy  subsistence,  the  said  commissioners  shall  be, 

and  hereby  are,  authorized,  in  their  discretion,  to  increase  such 

allowance  to  any  sum  not  exceeding  the  full  amount  of  the 

monthly  pay  to  which  the  party  so  disabled  was  by  law  entitled 

in  the  said  service. 

APPROVED,  April  16,  1816. 


AN  ACT  for  the  gradual  increase  of  the  navy  of  the  United  States. 

fnS°aPProprei-      SEC-  l'  Ee  ^  enacted,  fyc.,  That,  for  the  gradual  increase 
ated   for    eight  of  the  navy  of  the  United  States,  the  sum  of  one  million  of 
Iradu'ai  kfcrease  dollars  per  annum,  for  eight  years,  is  hereby  appropriated,  in- 
of  the  navy,        eluding  the  sum  of  two  hundred  thousand  dollars  per  annum, 
for  three  years,  or  the  unexpended  balance  thereof,  appropriated 
by  an  act  approved  on  the  third  day  of  March,  one  thousand 
eight  hundred  and  fifteen,  entitled  "  An  act  concerning  the  na- 
val establishment."    [This  section  repealed  by  act  of  3d  March, 


lor 

1821,  and  $500,000,  annually,  for  six  years  appropriated  in-       1817. 
stead.] 

SEC.  2.  And  be  it  further  enacted,  That  the  President  of  President  to 
the  United  States  be,  and  he  is  hereby,  authorized  to  cause  to  of^o^E  Sthan 
be  built  nine  ships,  to  rate  not  less  than  seventy-four  guns  Jhips^f  novels 
each,  and  twelve  ships,  to  rate  not  less  than  forty-four  guns  than  44  guns,  to 

OG  built 

each,  including  one, seventy-four  and  three  forty-four  gun  ships, 
authorized  to  be  built  by  an  act,  bearing  date  on  the  second 
day  of  January,  one  thousand  eight  hundred  and  thirteen,  en- 
titled "  An  act  to  increase  the  navy  of  the  United  States ;" 
and,  in  carrying  this  act  into  effect,  the  President  shall  be,  and 
he  is  hereby,  authorized,  as  soon  as  the  timber  and  other  ne- 
cessary materials  are  procured,  and  the  timber  properly  season- 
ed, to  cause  the  said  ships  to  be  built  and  equipped;  or  if,  in  president     may 
his  judgment,  it  will  more  conduce  to  the  public  interest,  he  ^ ^ram^Si 
may  cause  the  said  ships  to  be  framed  and  remain  on  the  kept    °n     the 
stocks,  and  kept  in  the  best  state  of  preservation,  to  be  prepared 8tc 
for  service  in  the  shortest  time  practicable,  when  the  public  ex- 
igency may  require  them.* 

SEC.  3.  And  be  it  further  enacted,  That,  for  the  defence  of  president  autno- 
the  ports  and  harbors  of  the  United  States,  the  President  shall  b^ 
be,  and  he  is  hereby,  authorized  to  cause  to  be  procured  the 
steam  engines,  and  all  the  imperishable  materials  necessary  for  equipping  three 
building  and  equipping  three  steam  batteries,  on  the  most  ap- st( 
proved  plan,  and  best  calculated  for  the  waters  in  which  they 
are  to  act :  and  such  materials  shall  be  secured  in  the  best  man-  Materials  to  be 
ner,  to  ensure  the  completing  such  batteries  in  the  shortest  time  bes^manner^to 
practicable,  when  they,  or  either  of  them,  in  the  opinion  of  the  JjJ?™jj  ^^Sl 
President,  may  be  required  for  the  public  service ;  and  the  Pre-  teries    in    the 

.,  •      ;.       i  i        •        i  i  11  11  shortest  tune. 

sident  is  further  authorized  to  cause  to  be  completed,  and  kept  The  mock  ship 
in  the  best  state  of  preservation,  the  block  ship  now  on  thej 
stocks  near  New  Orleans.  Pleted- 

SEC. -4.   And  be  it  further  enacted.  That  the  moneys  ap-  Moneys 

T  i         i  •  i     .11  i  »          i  -i  i      ated  by  this  act 

propnated  by  this  act  shall  not  be  transferred  to  any  other  ob-  not  to  be  trans- 
Ject  of  expenditure,  nor  shall  any  part  thereof  be  carried  to  the  She? object,  nor 
fund  denominated  the  "  surplus  fund."  cSfundthe'sur~ 

APPROVED,  April  29,  1816. 

AN  ACT  to  repeal  the  second  section  of  an  act,  entitled  "  An  act  concerning 

the  pay  of  officers,  seamen,  and  marines,  in  the  navy  of  the  United  States." 

[Obsolete.] 

Be  it  enacted,  fyc.,  That   the  second  section   of   an  act,  ^cond 
entitled   "  An    act  concerning  the   pay    of  the    officers,   sea-  April  is, 
men,  and  marines,  in  the  Navy  of  the  United  States,"  passed re] 
the  eighteenth  of  April,  in  the  year  one  thousand  eight  hundred 
and  fourteen,  be,  and  the  same  is  hereby,  repealed. 

APPROVED,  February  22,  1817. 

> 

*The  President  authorized,  by  act  of  May  17,  1826,  to  suspend  the  building 
of  one  of  the  vessels  authorized,  by  this  act,  and  to  cause  the  timber  for  the 
same  to  be  laid  up  and  secured. 


108 

1817.       AN  ACT  making  reservation  of  certain  public  lands  to  supply  timber  for  naval 


purposes. 

The  secretary  of     SEC.  1.  Be  it  enacted,  fyc.,  That  the  Secretary  of  the  Navy 
IKSTaMs be  authorized,  and  it  shall  be  his  duty,  under  the  direction  of 
^^s^1^  the  President  of  the  United  States,  to  cause  such  vacant  and 
ar  timbers  to  be  unappropriated  lands  of  the  United  States,  as  produce  the  live 
Slo!Sd' a£d Sbe  oak  and  red  cedar  timbers,  to  be  explored,  and  selection  to  be 
where  the  prinS- ma(^e' of  SUCQ  tmcts  or  Poltions  thereof,  where  the  principal 
growth  is  of  either  of  the  said  timbers,  as,  in  his  judgment,  may 
be  necessary  to  furnish  for  the  navy  a  sufficient  supply  of  the 
said  timbers.     The  said  Secretary  shall  have  power  to  employ 
such  agent,  or  agents,  and  surveyor,*  as  he  may  deem  necessary 
for  the  aforesaid  purpose,  who  shall  report  to  him  the  tracts  by 
them  selected,  with  the  boundaries  ascertained,  and  accurately 
designated,  by  actual  survey  or  water  courses,  which  report  shall 
be  laid  before  the  President,  which  he  may  approve  or  reject, 
*n  wn°le  or  m  part;  and  the  tracts  of  lands,  thus  selected,  with 
'  the  approbation  of  the  President,  shall  be  reserved,  unless  oth- 
erwise directed  by  law,  from  any  future  sale  of  the  public  lands, 
and  be  appropriated  to  the  sole  purpose  of  supplying  timber  for 
the  navy  of  the  United  States :  provided,  that  nothing  in  this 

Proviso:  rights  of  '•-,-,  •      i-  •    i  ^ 

persons  claiming  section  contained  shall   be  construed  to  prejudice  the  rights  01 
Sfced?  be  preju  any  person  or  persons  claiming  lands  which  may  be  reserved  as 
aforesaid. 

SEC.  2.  And  be  it  further  enacted,  That,  if  any  person,  or 
timbe?s  on^Xe  persons,  shall  cut  any  timber  on  the  lands  reserved  as  aforesaid, 
orlmy  liv^oakM or  ^^  remove>  or  be  employed  in  removing,  timber  fiom  the 
mi  cedar  on  oth- same,  unless  duly  authorized  so  to  do  by  order  of  a  competent 
lrc.puSjecatndS  officer,  and  for  the  use  of  the  navy  of  the  United  States ;  or,  if 
*oninent!  imp"~  any  person,  or  persons,  shall  cut  any  live  oak  or  red  cedar  tim- 
ber on,  or  remove  or  be  employed  in  removing  from,  any  other 
public  lands  of  the  United  States,  with  intent  to  dispose  of  the 
same  for  transportation  to  any  port  or  place  within  the  United 
States,  or  for  exportation  to  any  foreign  country,  such  person,  or 
persons,  so  offending,  and  being  thereof  duly  convicted  before 
any  court  having  competent  jurisdiction,  shall  pay  a  fine  not 
exceeding  five  hundred  dollars,  and  be  imprisoned  not  exceed- 
ing six  months. 

vessels  taking  on      SEC.  3.  And  be  it  further  enacted,  That,  if  the  master,  own- 
board       timber  er  or  consignee,  of  any  ship  or  vessel,  shall  knowingly  take  on 

from  lands  reser-       7  .-..«.  -ft  /*  •  i          •  i 

ved,  &c.  forfeit- board  any  timber  cut  on  lands  reserved  as  aforesaid,  without 
proper  authority,  and  for  the  use  of  the  navy,  or  shall  take  on 
board  any  live  oak  or  red  cedar  timber,  cut  on  any  other  lands 
of  the  United  States,  with  intent  to  transport  the  same  to  any 
port  or  place  within  the  United  States,  or  to  export  the  same 
to  any  foreign  country,  the  ship  or  vessel,  on  board  of  which 
the  same  shall  be  seized,  shall,  with  her  tackle,  apparel,  and 
furniture,  be  wholly  forfeited. 

SEC.  4.  And  be  it  further  enacted,  That  if  any  timber  as 

*  The  power  to  employ  agents  and  surveyor  revoked  by  act,  approved  May 
15,  1820. 


™ 


. 

109 

aforesaid  shall,  contraiy  to  the  prohibitions  of  this  act,  be  ex-       1817. 
ported  to  any  foreign  country,  the  ship  or  vessel,  in  which  the  Exportation    of 
same  shall  have  been  exported,  shall  be  liable  to  forfeiture,  and  to"  this  ac^sXJ 
the  captain  or  master  of  such  ship  or  vessel  shall  forfeit  and  pay  iecfosrfeimVref  ea\S 
a  sum  not  exceeding  one  thousand  dollars.  the  master  to  a 

SEC.  5.  And  be  it  further  enacted,  That  all  penalties  and  Recovery  of  pen- 
forfeitures,  incurred  for  taking  on  board,  transporting,  or  export-  mitfg^nsthere- 
insr,  timber,  bv  force  of  this  act,  shall  be  sued  for,  recovered,  <£»  according  to 

°,'   ,.       .,    •      %  T  -i    ;.        •         i  -11  the  acts  menuon- 

and  distributed,  and  accounted  for,  in  the  manner  prescribed  ed. 
by  the  act,  entitled  "  An  act  to  regulate  the  collection  of  du- 
ties on  imports  and  tonnage,"  and  shall  be  mitigated,  or  re- 
mitted, in  the  manner  prescribed  by  the  act,  entitled  "  An  act 
to  provide  for  mitigating,  or  remitting,  the  forfeitures,  penalties, 
and  disabilities,  accruing  in  certain  cases  therein  mentioned." 
APPROVED,  March  1  ,  1817. 

AN  ACT  supplementary  to  an  act,  entitled  "An  act  concerning  the  naval  es- 

tablishment." 

SEC.  1.  Be  it  enacted,  fyc.,  That  every  purser,  now  in  the  pursers  to  enter 
service,  or  who  may  hereafter  be  appointed,  shall,  instead  of  the  {^11™^$^- 
bond  required  by  the  act  to  which  this  is  a  supplement,  enter  °°°  with  tvvo  °r 
into  bond,  with  two  or  more  sufficient  sureties,  in  the  penalty  of 
twenty-five  thousand  dollars,  conditioned  for  the  faithful  dis- 
charge of  all  his  duties  as  purser  in  the  navy  of  the  United  2 
States,  which  said  sureties  shall  be  approved  by  the  judge,  or  at-  J0"dg^r  ^Jj^ 
torney,  of  the  United  States  for  the  district  in  which  such  purser  ° 
shall  reside. 

SEC.  2.  And  be  it  further  enacted,  That,  from  and  after  the  £°  ^ZS-  toaft2 
first  day  of  May  next,  no  person  shall  act  in  the  character  of  *57jlst  ^Jg 
purser,  who  shall  not  enter  into  bond  as  aforesaid,  excepting  bond,  excepting 
pursers  on  distant  service,  who  shall  not  remain  in  service  longer  servfce^&c^nor 
than  two  months  after  their  return  to  the  United  States,  unless  they'  &Ct 
they  shall  comply  with  the  provisions  of  the  first  section  of  this 
act. 

APPROVED,  March  1,  1817. 


AN  ACT  to  amend  and  explain  an  "  Act  giving  pensions  to  the  orphans  and 
widows  of  persons  slain  in  the  public  or  private  armed  vessels  of  the  United 
States." 
[Repealed  by  act  of  January  22,  1824  ;  but  rights  under  it  are  reserved.] 

Be  it  enacted,  $*c.,  That  if  any  officer,  seaman,  or  marine,  widow*  and 
belonging  to  the  navy  of  the  United  States,  shall  die,  or  shall  JSS™1^' 5 
have  died,  since  the  eighteenth  day  of  June,  in  the  year  of  our  an^SineTde- 
Lord  one  thousand  eight  hundred  and  twelve,  in  consequence  J^^0^1^ 
of  disease  contracted,  or  casualties  or  injuries  received,  while  June,  IBIS,  while 
in  the  line  of  his  duty,  and  which  shall  be  satisfactorily  proved  JJut/fentiS  to 
to  the  commissioners  of  the  navy  pension  fund,  leaving  a  widow,  h^pa-v  for  five 
or,  if  no  widow,  a  child  or  children,  under  sixteen  years  of  age, 
such  widow,  or,  if  no  widow,  such  child  or  children,  shall  be 


110 

1817.       entitled  to  receive  half  the  monthly  pay  to  which  the  deceased 

"~  was  entitled  at  the  time  of  his  death,  which  allowance  shall 

if   the    widow  continue  for  the  term  of  five  years  :  but,  in  case  of  the  death  or 

dies  or   marries,  .  .  .,          •.         .-,          *Y    /•  ,1  ••  ,.     i  .  -, 

the  half  pay  goes  intermarriage  of  such  widow,  before  the  expiration  of  the  said 
to  the  children.  term  Qf  five  yGQXSy  tne  half  pay.  for  the  remainder  of  the  term, 
Proviso :  as  to  shall  go  to  the  child  or  children  of  the  deceased :  provided, 
£eha'?paatr  of  that  such  half  pay  shall  cease  on  the  death  of  such  child  or 
Money  to  be  paid  children.  And  the  money  required  for  this  purpose  shall  be 
fundnavyPa^  out  of  the  navy  pension  fund,  under  the  direction  of  the 
commissioners  of  that  fund. 
APPROVED,  March  3,  1817. 


AN  ACT  to  provide  for  the  prompt  settlement  of  public  accounts. 

SEC.  1.  Be  it  enacted,  fyc.,  That,  from  and  after  the  third 
fice?  oftthei'war  day  °^  March  next,  the  offices  of  accountant  and  additional  ac- 
medn2aajid  office  countant  °^  tae  department  of  war,  the  office  of  accountant  of 
^superintendent  the  navy,  and  the  office  of  superintendent  general  of  military 
taeryeral  ^S  suPPlies>  be>  and  they  are  hereby,  abolished, 
abolished.  gE.c<  2.  And  be  it  further  enacted,  That,  from  and  after  the 

said  third  day  of  March  next,  all  claims  and  demands  whatever, 

All    accounts    to  .    •> 

be  settled  in  the  by  the  United  otates,  or  against  them,  and  all  accounts  what- 
S"ayfte?e3Pdaof  ever,  in  which  the  United  States  are  concerned,  either  as  debt- 
March,  isn.  ors  or  as  creditors,  shall  be  settled  and  adjusted  in  the  treasury 

department. 

Four  auditors  &  SEC.  3.  And  be  it  further  enacted,  That,  from  and  after  the 
one  comptroller  third  day  of  March  next,  in  addition  to  the  officers  in  the  trea- 
areasurya  depart-  sury  department,  already  established  by  law,  there  shall  be  the 
mem.  following  officers,  namely  :  four  auditors,  and  one  comptroller. 

Duty  of  the  first  SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
auditor.  of  the  first  auditor  to  receive  all  accounts  accruing  in  the  trea- 

sury department,  and,  after  examination,  to  certify  the  balancey 
and  transmit  the  accounts,  with  the  vouchers  and  certificate,  to 
the  first  comptroller,  for  his  decision  thereon ;  that  it  shall  be 
Duty  of  the  se-theduty  of  the  second  auditor  to  receive  all  accounts,  relative  to 
ltor<      the  pay  and  clothing  of  the  army,  the  subsistence  of  officers, 
bounties,  and  premiums,  military  gftid  hospital  stores,  and  the 
contingent  expenses  of  the  Avar  department ;  that  it  shall  be 
Duty  of  the  third  the  duty  of  the  third  auditor  to  receive  all  accounts,  relative  to 
the  subsistence  of  the  army,  the  quartermaster's  department ; 
and,  generally,  all  accounts  of  the  Avar  department,  other  than 
Duty  of  the  4th  those  provided  for ;  and  it  shall  be  the  duty  of  the  fourth  audi- 
auditor.  tor  to  receive  ail  accounts  accruing  in  the  navy  department,  or 

relative  thereto;  and  the  second,  third,  and  fourth,  auditors 
aforesaid,  shall  examine  the  accounts  respectively,  and  certify 
the  balance,  and  transmit  the  accounts,  with  the  vouchers  and 
certificate,  to  the  second  comptroller,  for  his  decision  thereon  ; 
the  fifth  an(*  ^  sna^  ^e  tne  duty  of  the  fifth  auditor  to  receive  all  ac- 
counts accruing  in,  or  relative  to,  the  department  of  state,  the 
general  post  office,  and  those  arising  out  of  Indian  affairs,  and 
examine  the  same,  and  thereafter  certify  the  balance,  and  trans- 


• 

111 

mit  the  accounts,  with  the  vouchers  and  certificate,  to  the  first       1817. 
comptroller,  for  his  decision  thereon  :  provided,  that  the  Presi-  Proviso:   as  to 
dent  of  the  United  States  may  assign  to  the  second  or  third  au- 
ditor  the  settlement  of  the  accounts  which  are  now  confided  to  countant- 
the  additional  accountant  of  the  war  department. 

SEC.  5.  And  be  it  further  enacted,  That  it  shall  be  the 
duty  of  the  auditors,  charged  with  the  examination  of  the  ac- 
counts of  the  war  and  navy  departments,  to  keep  all  accounts 
of  the  receipts  and  expenditures  of  the  public  money,  in  regard 
to  those  departments,  and  of  all  debts  due  to  the  United  States 
on  moneys  advanced  relative  to  those  departments ;  to  receive 
from  the  second  comptroller  the  accounts  which  shall  have  been 
finally  adjusted,  and  to  preserve  such  accounts,  with  their 
vouchers  and  certificates,  and  to  record  all  warrants  drawn^by 
the  secretaries  of  those  departments,  the  examination  of  the  ac- 
counts of  which  has  been  assigned  to  them  by  the  preceding 
section.  And  it  shall  be  the  duty  of  the  said  auditors  to  make 
such  reports  on  the  business  assigned  to  them,  as  the  secretaries 
of  the  war  and  navy  departments  may  deem  necessary,  and  re- 
quire, for  the  services  of  those  departments. 

SEC.  6.  And  be  it  further  enacted,  That  the  said  auditors  Auditors  to  re- 
shall,  annually,  on  the  first  Monday  in  November,  report  to  the  gjj  l°f t]^es et^ 
Secretary  of  the  Treasury  the  application  of  the  money  appro-  sury. 
priated  for  the  military  and  naval  departments  for  the  preceding 
year,  which  shall  be  laid  before  Congress,  by  him,  with  the  an- 
nual statement  of  the  public  expenditure. 

SEC.  7.  And  be  it  further  enacted,  That  the  Treasurer  of  The  treasurer  ta 
the  United  States  shall  disburse  all  such  moneys  as  shall  have  Je^ordefed^or 
been  previously  ordered  for  the  use  of  the  war  and  navy  depart-  *|r  and6 na^y  de- 
ments, by  warrants  from  the  treasury,  which  disbursements  shall  panments,  &c. 
be  made  pursuant  to  warrants  drawn  by  the  secretary  of  the 
war  and  navy  departments,  respectively,  countersigned  by  the 
second  comptroller,  and  registered  by  the  auditors,  respectively. 
[This  section  repealed  May  7,  1822.] 

SEC.  8.  [This  section  relates  to  the  duty  of  the  first  comp- 
troller, and  first  and  fifth  auditors,  and  has  no  reference  to  the 
business  of  the  navy  department.] 

SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty  Duty  of  the  se~ 
of  the  second  comptroller  to  examine  all  accounts  settled  by condcomptroller* 
the  second,  third,  and  fourth,  auditors,  and  certify  the  balances 
arising  thereon  to  the  secretary  of  the  department  in  which  the 
expenditure  has  been  incurred;  to  countersign  all  warrants 
drawn  by  the  secretaries  of  the  war  and  navy  departments, 
which  shall  be  warranted  by  law ;  to  report  to  the  said  secreta- 
ries the  official  forms  to  be  issued  in  the  different  offices  for  dis- 
bursing the  public  money  in  those  departments,  and  the  manner 
and  form  of  keeping  and  stating  the  accounts  of  the  persons 
employed  therein ;  and  it  shall  also  be  his  duty  to  superintend 
the  preservation  of  the  public  accounts,  subject  to  his  revision. 

SEC.  10.  And  be  it  further  enacted,  That  it  shall  be  the  duty  First  comptroller 
of  the  first  comptroller  to  superintend  the  recovery  of  all  debts  to     6UPerintend 


112 

1817.  to  the  United  States ;  to  direct  suits  and  legal  proceedings,  and 
2"fdS°very  of  to  take  all  such  measures,  as  may  be  authorized  by  the  laws,  to 
enforce  prompt  payment  of  all  debts  due  to  the  United  States. 
The  provision  SEC.  11.  And  be  it  further  enacted.  That  the  provision  con- 
SnSctfonof tained  in  the  second  section  of  the  act,  passed  the  third  March, 
the  act  of  3d  of  one  thousand  seven  hundred  and  ninety-seven,  entitled,  "An 

March,  1/97,  ex-  .  ••  ^  -n        />          1-1 

tended  in  regard  act  to  provide  more  effectually  for  the  settlement  of  accounts 
^  the3  waTS  between  the  United  States  and  receivers  of  public  money," 
meats     depart  wn^cn  directs  that,  in  every  case  where  suits  has  been,  or  shall 
be  instituted,  a  transcript  from  the  books  and  proceedings  of  the 
treasury,  certified  by  the  register,  shall  be  admitted  as  evidence, 
be  extended,  in  regard  to  the  accounts  of  the  war  and  navy  de- 
partments, to  the  auditors  respectively  charged  with  the  exami- 
nation of  those  accounts,  and  that  certificates,  signed  by  them, 
shall  be  of  the  same  effect  as  that  directed  to  be  signed  by  the 
register. 

Auditors  empow-  SEC.  12.  And  be  it  further  enacted,  That  the  auditors  of 
tne  public  accounts  shall  be  empowered  to  administer  oaths,  or 
affirmations,  to  witnesses,  in  any  case  in  which  they  may  deem 
it  necessary  for  the  due  examination  of  the  accounts  with  which 
they  shall  be  charged.* 

secretary  of  the  S]EC-  13'  Ancl  be  ^  fur^ier  enacted,  That  it  shall  be  the 
treasury  to  cause  duty  of  the  Secretary  of  the  Treasury  to  cause  all  accounts  of 

all    accounts    of  ,1  j-,  /.         IT  i  .  i     i        •  i  •        i 

the  expenditure  the  expenditure  of  public  money  to  be  settled  within  the  year, 
of  public  money  except  where  the  distance  of  the  places,  where  such  expenditure 
withm  the  year,  occurs,  may  be  such  as  to  make  further  time  necessary ;  and, 
in  respect  to  expenditures  at  such  places,  the  Secretary  of  the 
Treasury,  with  the  assent  of  the  President,  shall  establish  fixed 
First  comptroller  periods  at  which  a  settlement  shall  be  required.     And  it  shall 
congiess,annu°arie-  be  the  duty  of  the  first  comptroller  to  lay  before  Congress,  an- 
ce're  "Siiuf  ofto  nuaUy?  during  the  first  week  of  their  session,  a  list  of  such  offi- 
make  settlement,  cers  as  shall  have  failed  in  that  year  to  make  the  settlement  re- 
quired by  law. 

The  comptroller      SEC.  14.  And  be  it  further  enacted.  That,  in  the  annual 
statement  of  all  accounts,  on  which  balances  appear  to  have 
been  due  more  than  three  years,  which  the  comptroller  is  now 
required  by  law  to  make,  he  shall  hereafter  distinguish  those  ac- 
counts, the  balances  appearing  on  which  shall,  in  his  opinion, 
be  owing  to  difficulties  of  form,  which  he  may  think  it  equitable, 
comptroller  not  shall  be  removed  by  an  act  of  Congress ;  and  where  the  debt- 
ci2deredbaiances  ors>  by  whom  such  balances  shall  have  been  due  more  than 

where     debtors  three  years,  shall  be  insolvent,  and  have  been  reported  to  Con- 
nave  been  report-  /.       -I  •  i  n 
ed  insolvent    3  gress  for  three  successive  years  as  insolvent,  the  comptroller 
«siveyeare.  ^^j  not  ^Q  ^^0^  m  sucn  casej  to  continue  to  include  such 

balances  in  the  statement  abovementioned. 

salary  of  the  se-  SEC.  15.  And  be  it  further  enacted,  That  the  salary  of  the 
cond  comptroller  comptrouer)  appointed  by  virtue  of  this  act,  shall  be  three  thou- 
$3,000  per  ann.  sanci  dollars  per  annum,  and  that  of  the  auditors,  each,  three 

thousand  dollars  per  annum. 

*  Swearing  or  affirming  falsely,  touching  the  disbursement  of  public  money, 
or  in  support  of  any  claim  against  the  United  States,  punishable  as  wilful  per- 
jury, by  act  of  March  1,  1823. 


113 

SEC.  16.  And  be  it  further  enacted,  That  all  letters  and  1817. 
packages,  to  and  from  the  comptroller  and  auditors  hereinbe-  Letters,  «.c 
fore  mentioned,  be  conveyed  free  of  postage,  under  the  same  SSn 
regulations  that  are  provided  by  law  for  other  officers  of  Govern-  and  a 
ment;  and  the  Secretary  of  the  Treasury  is  hereby  authorized 
to  assign  the  several  sums  appropriated  for  clerk  hire  in  the  of- 
fices of  the  accountant,  additional  accountants,  superintendent 
general  of  military  supplies,  and  accountant  of  the  navy,  to  the 
officers  hereby  created,  to  which  their  respective  duties  shall  be 
assigned. 

APPROVED,  March  3, 1817. 


AN  ACT  to  fix  the  peace  establishment  of  the  marine  corps. 
[Obsolete.] 

SEC.  1.  Be  it  enacted,  fyc..  That  the  peace  establishment  Dumber  of 
-of  the  marine  corps  shall  consist  of  the  following  officers,  non- 
commissioned  officers,  musicians,  and  privates,  viz  :  one  lieu- 
tenant colonel  commandant,  nine  captains,  twenty-four  first 
lieutenants,  sixteen  second  lieutenants,  one  adjutant  and  in- 
spector, one  paymaster,  and  one  quartermaster,  to  be  taken  from 
the  said  captains  and  lieutenants,  seventy-three  corporals,  forty- 
two  drums  and  fifes,  and  seven  hundred  and  fifty  privates. 

SEC.  2.  And  be  it  further  enacted,  That  the  President  of  The  Present  to 
the  United  States  cause  the  provisions  of  this  act  to  be  carried  ^c&rtSSinSef- 
into  effect  on  the  first  day  of  April  next,  or  as  soon  thereafter  as  A^Vsir^si^ 
circumstances  will  admit,  and  cause  any  supernumerary  offi-  pemumeraiy  offi- 
cers to  be  discharged  from  the  service  of  the  United  States  ;  and  charged,  ^uh^a 
to  all  persons  so  discharged,  there  shall  be  paid  three  months7  months*  addiih»- 
additional  pay. 

SEC.  3.  And  be  it  further  enacted,  That  the  President  of  The     President 
the  United  States  may,  in  the  recess  of  the  Senate,  appoint  any 
of  the  officers  authorized  by  this  act,  which  appointments  shall  J 
be  submitted  to  the  Senate,  at  their  next  session,  for  their  advice 
and  consent. 

APPROVED,  March  3,  1817. 


AN  ACT  supplementary  to  an  act,  entitled  "  An  act  further  to  amend  the  sev- 
eral acts  for  the  establishment  and  regulation  of  the  treasury,  war,  and  navy 
departments." 

Be  it  enacted,  fyc.,  That  nothing  contained  in  the  act  of  the  reafra 
third  of  March,  one  thousand  eight  hundred  and  nine,  entitled  making  transfers 
"An  act  further  to  amend  the  several  acts  for  the  establishment  fo/spociS^S 
and  regulation   of  the  treasury,  war,  and  navy  departments, "jectstoanyotlier* 
shall  be  construed  to  authorize  the  President  of  the  United 
States  to  direct  any  sum  appropriated  to  fortifications,  arsenals, 
armories,  custom-houses,  docks,  navy  yards,  or  buildings  of  any 
8 


114 

1818. 


sort,  or  to  munitions  of  war,  or  to  the  pay  of  the  army  or  navy, 
to  be  applied  to  any  other  object  of  public  expenditure. 
APPROVED,  March  3,  1817. 


AN  ACT  to  establish  the  flag  of  the  United  States. 

SEC.  1.  Be  it  enacted,  $-c.,  That,  from  and  after  the  fourth 
day  of  July  next,  the  flag  of  the  United  States  be  thirteen  hori- 
zontal stripes,  alternate  red  and  white :  that  the  union  be  twen- 
ty stars,  white  in  a  blue  field. 

juiy,r  isie,  the  SEC.  2.  And  be  it  further  enacted,  That,  on  the  admission 
strfpest0and  20  °f  every  new  State  into  the  Union,  one  star  be  added  to  the 
stars.  union  of  the  flag ;  and  that  such  addition  shall  take  effect  on 

the  fourth  day  of  July  then  next  succeeding  such  admission. 
dedstarfor°  beevet     APPROVED,  April  4,  1818. 

new  state. 


AN  ACT  to  repeal  part  of  the  act,  entitled  "  An  act  to  provide  for  surveying 
the  coasts  of  the  United  States." 

SEC.  1.  Be  it  enacted,  $*c.,  That  so  much  of  the  third  sec- 

tion of  the  act,  passed  the  tenth  day  of  February,  one  thousand 

eight  hundred  and  seven,  entitled  "  An  act  to  provide  for  sur- 

ergongveying  the  coasts  of  the  United  States,"  as  authorizes  the  em- 

beSgingPtorSthe  ployment  of  other  persons  in  the  execution  of  said  act,  than  the 

bememp?o?cdyinPersons  belonging  to  the  army  and  navy,  be,  and  the  same  is 

surveying     the  hereby,  repealed. 

SKC.  2.  And  be  it  further  enacted.  That  all  instruments  and 
property  of  the  United  States,  and  all  surveys,  draughts,  notes, 
charts,  maps,  and  documents,  in  any  wise  belonging  to  the  sur- 
vey of  the  coasts,  be  deposited  in  such  place  as  the  President  of 
the  United  States  shall  direct. 


me        APPROVED,  April  14,  1818. 
President  directs. 

AN  ACT  in  addition  to  "An  act  giving  pensions  to  the  orphans  and  widows 

of  persons  slain  in  the  public  or  private  armed  vessels  of  the  United  States." 

[Extended  for  the  further  term  of  five  years,  by  act  of  April  9,  1824.] 

SEC.  1.  Be  it  enacted,  fyc.,  That,  in   every  case  where  a 

person  has  been  put  on  the  pension  list,  or  granted  a  certificate 

of  pension,  by  virtue  of  the  first  section  of  an  act,  passed  the 

Persons    ut  on  ^ourtn  day  of  March,  in  the  year  eighteen  hundred  and  four- 

the'  pension  list  teen,  entitled  "  An  act  giving  pensions  to  the  orphans  and  wi- 

ist  section  of  the  dows  of  persons  slain  in  the  public  or  private  armed  vessels  of 

g{4of^^^tke  United  States,','  the  Secretary  of  the  Navy  be,  and  he  is 

ed  tun  monthly  hereby,  authorized,  at  the  expiration  of  the  term  of  five  years, 

pension    for    the  -  x.*    i  •  •*•  i     n    i  i  i 

further  term  of  for  which  any  pension  certificate  shall  have  been  granted  as 

five  years.          aforesaid,  to  allow  the  full  monthly  pension  to  which  the  rank 

of  the  deceased  would  have  entitled  him  for  the  highest  rate  of 

disability,  and  that  such  pension  shall  continue  to  such  person 


115 

for  the  further  term  of  five  years :  provided,  that  such  pension       1818. 
shall  cease  on  the  death  of  such  widow,  child,  or  children. 

SEC.  2.  And  be  it  further  enacted,  That  if  any  officer,  sea-  Proviso:  pension 
man,  or  marine,  shall  have  died  since  the  eighteenth  day  of  Of3>ew.ndl 
June,  in  the  year  eighteen  hundred  and  twelve,  in  consequence  STf8 Ameers" 
of  an  accident  or  casualty,  which  occurred  while  in  the  line  of  seamen,  &c.  who 
his  duty  on  board  a  private  armed  vessel,  leaving  a  widow,  or,  a 
if  no  widow,  a  child  or  children  under  sixteen  years  of  age,  the 
Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized  to  place  be  P1?06?.  on  the 

i         •  i  i  M  i  i  M  -i  i  •         T  i      11          pension  list. 

such  widow,  child,  or  children,  on  the  pension  list,  and  allow 
to  such  widow,  child,  or  children,  the  same  monthly  pension  as 
if  the  deceased  had  died  by  reason  of  wounds  received  in  the 
line  of  his  duty  :  provided,  that  all  moneys  paid  by  virtue  of  Proviso:  themo- 
this  act  shall  be  paid  out  of  the  privateer  pension  fund,  and  no  S  o? thlpnva- 
other.  teer  fund- 

APPROVED,  April  16,  1818. 

RESOLUTION  directing  the  completion  of  the  survey  of  the  waters  of  the 

Chesapeake  bay,  and  for  other  purposes. 

[Obsolete.] 

Resolved,  fyc.,  That  the  President  of  the  United  States  be, 
and  he  hereby  is,  requested  to  cause  to  be  resumed  and  com- 
pleted  the  surveys  heretofore  commenced,  preparatory  to  the 
establishment  of  two  naval  arsenals ;  and  that,  to  the  naval  of-  be  resumed  and 
ficers  employed  in  this  service,  officers  of  the  corps  of  engineers co 
be  joined,  with  instructions  to  prepare  plans  of  the  fortifications  Plans  of  fortinca- 
necessary  to  be  erected  for  the  defence  of  such  arsenals,  with  an 
estimate  of  the  expense  of  erecting  the  same.  And  that  the  Pre- 
sident be  further  requested  to  cause  such  a  survey  of  the  Chesa- 
peake  bay  to  be  made,  as  may  be  requisite  to  ascertain  what 
points  are  necessary  to  be  fortified  for  the  protection  of  the  com- 
merce of  said  bay ;  and  a  report  of  the  same,  with  a  plan  of  Report   with 
the  works  necessary  to  be  erected,  with  an  estimate  of  the  ex- plan' &c' 
pense  of  the  same,  to  be  made  to  Congress  in  the  first  week  of 
their  next  session. 

APPROVED,  April  20,  1818. 

AN  ACT  in  addition  to  "  An  act  to  prohibit  the  introduction  [importation]  of 
slaves  into  any  port  or  place  within  the  jurisdiction  of  the  United  States,  from 
and  after  the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  eight,"  and  to  repeal  certain  parts  of  the  same. 

SEC.  1.  Be  it  enacted,  fyc.,  That,  from  and  after  the  passing  of  it  shall  not  be 
this  act,  it  shall  not  be  lawful  to  import  or  bring,  in  any  man- 
ner  whatsoever,  into  the  United  States,  or  territories  thereof, united0' 
from  any  foreign  kingdom,  place,  or  country,  any  negro,  mu-from^ 
latto,  or  person  of  color,  with  intent  to  hold,  sell,  or  dispose  of,  manner 
any  such  negro,  mulatto,  or  person  of  color,  as  a  slave,  or  to  be  ST 
held  to  service  or  labor:  and  any  ship,  vessel,  or  other  water  slaves. 

,J  >  TII     Vessels  in  which 

craft,  employed  in  any  importation  as  aforesaid ,  shall  be  liable  they  are  import- 
to  seizure,  prosecution,  and  forfeiture,  in  any  district  in  which ed 


116 

1818.       it  may  be  found;  one  half  thereof  to  the  use  of  the  United 
naif  to  the  per-  States,  and  the  other  half  to  the  use  of  him  or  them  who  shall 

ltblg>  prosecute  the  same  to  effect. 

NO  person  to  SEC.  2.  And  be  it  further  enacted,  That  no  citizen  or  citi- 
S? Save^radeln  zen8  °f tne  United  States,  or  any  other  person  or  persons  shall, 
the  ports  of  the  after  the  passing  of  this  act,  as  aforesaid,  for  himself,  themselves, 

United  States.  K  ..    ' 

or  any  other  person  or  persons,  whatsoever,  either  as  master, 
factor,  or  owner,  build,  fit,  equip,  load,  or  otherwise  prepare,  any 
ship  or  vessel,  in  any  port  or  place  within  the  jurisdiction  of  the 
United  States,  nor  cause  any  such  ship  or  vessel  to  sail  from 
any  port  or  place  whatsoever,  within  the  jurisdiction  of  the 
same,  for  the  purpose  of  procuring  any  negro,  mulatto,  or  per- 
son of  color,  from  any  foreign  kingdom,  place,  or  country,  to 
be  transported  to  any  port  or  place,  whatsoever,  to  be  held,  sold, 
or  otherwise  disposed  of,  as  slaves,  or  to  be  held  to  service  or 
vessels  equipped  labor ;  and  if  any  ship  or  vessel  shall  be  so  built,  fitted  out, 
t?ade  *forfdt«ie,  equipped,  laden,  or  otherwise  prepared,  for  the  purpose  afore - 
&c>  said,  every  such  ship  or  vessel,  her  tackle,  apparel,  furniture,  and 

lading,  shall  be  forfeited,  one  moiety  to  the  use  of  the  United 
Half  to  the  per-  States,  and  the  other  to  the  use  of  the  person  or  persons  who 
son  suing.         shall  sue  for  said  forfeiture,  and  prosecute  the  same  to  effect; 
and  such  ship  or  vessel  shall  be  liable  to  be  seized,  prosecuted, 
and  condemned,  in  any  court  of  the  United  States  having  com- 
petent jurisdiction. 

Persons  concern-  SEC.  3.  And  be  it  further  enacted,  That  every  person  or 
vesieis**"!!?  IhePersons  so  building,  fitting  out,  equipping,  loading,  or  other- 
slave  trade,  &c.  wise  preparing,  or  sending  away,  or  causing  any  of  the  acts 
o? 'nofmorethSn  aforesaid  to  be  done,  with  intent  to  employ  such  ship  or  vessel 
onethousanddo"  m  sucn  trac^e  or  business,  after  the  passing  of  this  act,  contrary 
»»«•  to  the  true  intent  and  meaning  thereof,  or  who  shall,  in  any 

wise,  be  aiding  or  abetting  therein,  shall,  severally,  on  convic- 
tion thereof,  by  due  course  of  law,  forfeit  and  pay  a  sum  not 
exceeding  five  thousand  dollars,  nor  less  than  one  thousand 
dollars;  one  moiety  to  the  use  of  the  United  States,  and  the 
Half  to  the  per-  other  to  the  use  of  the  person  or  persons  who  shall  sue  for  such 
forfeiture  and  prosecute  the  same  to  effect;  and  shall,  moreover, 
imprisonment,    be  imprisoned  for  a  term  not  exceeding  seven  years,  nor  less 

than  three  years, 
citizens  or  resi-      SEC.  4.  And  be  it  further  enacted,  That,  if  any  citizen  or 

dents  aabie  to  a  citizens  of  the  United  States,  or  other  person  or  persons,  re- 
fine of  not  more  .  ,  ...  ,  .  .  ,.  .  '  ,  in/-  i  /• 

than  five,  nor  sident  within  the  jurisdiction  of  the  same,  shall,  from  and  after 
ars  the  passing  of  this  act,  take  on  board,  receive,  or  transport,  from 
t °  for Ptran"- anv  °^ tne  coasts  or  kingdoms  of  Africa,  or  from  any  other  for- 
ing  persons  eign  kingdom,  place,  or  country,  or  from  sea,  any  negro,  mu- 
vfce,h&l  by8ti!e  latto,  or  person  of  color,  not  being  an  inhabitant,  nor  held  to 
"1"  service  by  the  laws  of  either  of  the  States  or  territories  of  the 

c.  .  «*  . 

United  States,  in  any  ship,  vessel,  boat,  or  other  water  craft, 
for  the  purpose  of  holding,  selling,  or  otherwise  disposing  of, 
such  person  as  a  slave,  or  to  be  held  to  service  or  labor,  or  be 
aiding  or  abetting  therein,  every  such  person  or  persons,  so  of- 
fending, shall,  on  conviction,  by  due  course  of  law,  severally 


nr 

forfeit  and  pay  a  sum  not  exceeding  five  thousand,  nor  less  than       1 818. 
one  thousand,  dollars,  one  moiety  to  the  use  of  the  United  Half  to  the  pn- 
States,  and  the  other  to  the  use  of  the  person  or  persons  who  so 
shall  sue  for  such  forfeiture,  and  prosecute  the  same  to  effect ; 
and,  moreover,  shall  suffer  imprisonment,  for  a  term  not  ex- 
ceeding seven  years,  nor  less  than  three  years ;  and  every  ship 
or  vessel,  boat,  or  other  water  craft,  on  which  such  negro,  mu-  vessel,  &c.  for- 
latto,  or  person  of  color,  shall  have  been  taken  on  board,  re- feited' 
ceived,  or  transported,  as  aforesaid,  her  tackle,  apparel,  and  fur- 
niture, and  the  goods  and  effects  which  shall  be  found  on  board 
the  same,  or  shall  have  been  imported  therein  in  the  same  voy- 
age, shall  be  forfeited,  one  moiety  to  the  use  of  the  United 
States,  and  the  other  to  the  use  of  the  person  or  persons  who 
shall  sue  for,  and  prosecute  the  same  to  effect;  and  every  such ^n^sumg!16  per 
ship  or  vessel  shall  be  liable  to  be  seized,  prosecuted,  and  con- 
demned, in  any  court  of  the  United  States  having  competent 
jurisdiction. 

SEC.  5.  And  be  if  further  enacted,  That  neither  the  im-  fnla™f0,3f  te0f 
porter  or  importers,  nor  any  person  or  persons  claiming  from  or  this  act,  to  be 

i  •  .1  i     11    i      u  •    i  x    •     .  x-.i  .    disposed  of  as  the 

under  him  or  them,  shall  hold  any  right,  interest,  or  title  what-  state  or  territorial 
soever,  in  or  to  any  negro,  mulatto,  or  person  of  color,  nor  to  ™££ribe*  be!*9 
the  service  or  labor  thereof,  who  may  be  imported  or  brought 
into  the  United  States,  or  the  territories  thereof,  in  violation  of 
the  provisions  of  this  act,  but  the  same  shall  remain  subject  to 
any  regulations,  not  contravening  said  provisions,  which  the 
Legislatures  of  the  several  States  or  territories  may  at  any  time 
heretofore  have  made,  or  hereafter  may  make,  for  disposing  of 
any  such  negro,  mulatto,  or  person  of  color. 

SEC.  6.  And  be  it  further  enacted,  That  if  any  person  or  ^e^onnebJ0n^n8 
persons  whatsoever  shall,  from  and  after  the  passing  of  thisfron?y  aegiSreign 
act,  bring  within  the  jurisdiction  of  the  United  States,  in  any  JJ^f^  &scellin^ 
manner  whatsoever,  any  ncsrro,  mulatto,  or  person  of  color, such  »egro>  &c- 

-•V«-"T  f.  when  brought  in, 

from  any  foreign  kingdom,  place,  or  country,  or  from  sea,  or  as  a  slave,  forfeit 
shall  hold,  sell,  or  otherwise  dispose  of,  any  such  negro,  mu-  jJP^  nTflss Sail 
latto,  or  person  of  color,  so  brought  in,  as  a  slave,  or  to  be  J^J.f ^o'^nddoi- 
held  to  service  or  labor,  or  be  in  an}'"  wise  aiding  or  abetting  ject'to  imprison- 
therein,  every  person  so  offending,  shall,  on  conviction  thereof1" 
by  due  course  of  law,  forfeit  and  pay  for  every  such  offence,  a 
sum  not  exceeding  ten  thousand,  nor  less  than  one  thousand, 
dollars,  one  moiety  to  the  use  of  the  United  States,  and  the 
other  to  the  use  of  the  person  or  persons  who  shall  sue  for  such  naif  to  the  per- 
forfeiture,  and  prosecute  the  same  to  effect;  and,  moreover, son  suing> 
shall  suffer  imprisonment,  for  a  term  not  exceeding  seven  years, 
nor  less  than  three  years. 

SEC.  7.  And  be  it  further  enacted,  That  if  any  person  or  persons  holding, 
persons  whatsoever  shall  hold,  purchase,  sell,  or  otherwise  dis-  £mf'n°y  Snegr? 
pose  of,  any  negro,  mulatto,  or  person'  of  color,  for  a  slave,  or  &e-  brought  as  a 

i   'tt  •••  n   i  n  slave,      in      any 

to  be  held  to  service  or  labor,  who  shall  have  been  imported  or  way,  from  a  fo- 
brought,  in  any  way,  from  any  foreign  kingdom,  place,  or  adjolniCforeign 
country,  or  from  the  dominions  of  any  foreign  state  immediate-  f°"£jJ*Joio  &°* 
ly  adjoining  to  the  United  States,  into  any  port  or  place  within  °] 


118 

1819.       the  jurisdiction  of  the  United  States,  from  and  after  the  passing 
~~  of  this  act,  every  person  so  offending,  and  every  person  aiding 
or  abetting  therein,  shall  severally  forfeit  and  pay,  for  every  ne- 
gro, mulatto,  or  person  of  color,  so  held,  purchased,  sold,  or 
he  per  disposed  of,  one  thousand  dollars,  one  moiety  to  the  use  of  the 
United  States,  and  the  other  to  the  use  of  the  person  or  persons 
who  may  sue  for  such  forfeiture,  and  prosecute  the  same  to  ef- 
fect, and  to  stand  committed  until  the  said  forfeiture  be  paid  : 
Proviso :  the  for- provided,  that  the  aforesaid  forfeiture  shall  not  extend  to  the 
teiSTo^hVsefier  se^er  or  purchaser  of  any  negro,  mulatto,  or  person  of  color, 
or  pi-rchaser  of  who  may  be  sold,  or  disposed  of,  in  virtue  of  any  regulations 
uSdernttfer°i'a\?fui  which  have  been   heretofore,  or  shall  hereafter  be,   lawfully 
statela&cns  °f  a  maa"e  by  any  Legislature  of  any  State  or  territoiy,  in  pursuance 

of  this  act  and  the  Constitution  of  the  United  States. 

on  the  defendant  ^EC'  ^*  ^H^  ^e  it  further  enacted,  That,  in  all  prosecu- 
U<  tions  under  this  act,  the  defendant  or  defendants  shall  be  hold- 
en  to  prove  that  the  negro,  mulatto,  or  person  of  color,  which 
he  or  they  shall  be  charged  with  having  brought  into  the  Uni- 
ted States,  or  with  purchasing,  holding,  selling,  or  otherwise 
disposing  of,  and  which,  according  to  the  evidence  in  such 
case,  the  said  defendant  or  defendants  shall  have  brought  in 
aforesaid,  or  otherwise  disposed  of,  was  brought  into  the  United 
States  at  least  five  years  previous  to  the  commencement  of  such 
prosecution,  or  was  not  brought  in,  holden,  purchased,  or  oth- 
infaUure  of  proof  er  wise  disposed  of,  contrary  to  the  provisions  of  this  act;  and 
in  failure  thereof,  the  said  defendant  or  defendants  shall  be  ad- 
judged  guilty  of  the  offence  of  which  he  or  they  may  stand  ac- 
cused. 

Prosecutions  un-      SEC.  9.  And  be  it  further  enacted,  That  any  prosecution, 
der  this  act  may  information,  or  action,  may  be  sustained,  for  any  offence  un- 

be   sustained    at  .'  J  .  ,  .  J 

any  time  within  der  this  act,  at  any  time  within  rive  years  after  such  onence 
shall  have  been  committed,  any  law  to  the  contrary  notwith- 
standing. 

The  first  six  sec-      SEC.  10.  And  be  it  further  enacted,  That  the  first  six  sec- 
s£nMarc*ei807| tions  of  tne  act  to  wm'cn  tnis  is  m  addition,  shall  be,  and  the 
repealed;  pro  vi-  same  are  hereby,  repealed:  provided,  that  all  offences  commit- 
ted under  the  said  sections  of  the  act  aforesaid,  before  the  pass- 
ing of  this  act,  shall  be  prosecuted  and  punished,  and  any  for- 
feitures, which  have  been  incurred  under  the  same,  shall  be 
recovered  and  distributed,  as  if  this  act  had  not  been  passed. 
APPROVED,  April  20,  1818. 


AN  ACT  extending  the  term  of  half-pay  pensions  to  the  widows  and  children 
of  certain  officers,  seamen,  and  marines,  who  died  in  the  public  service. 

Five  years'  addi-      J$e  fa  enacted,  $*c.,  That,  in  all  cases  where  provision  has 
been  made  by  law,  for  five  years'  half  pay  to  the  widows  and 
,  ami  children  of  officers,  seamen,  and  marines,  who  were  killed  in 


ailed  battle,  or  died  of  wounds  received  in  battle,  or  who  died  in  the 

in  battle,  &c.   or  , 

who  died  in  ser-  naval  service  of  the  United  States,  during  the  late  war,  the  said 
provision  shall  be  continued  for  the  additional  term  of  five 


119 

years,  to  commence  at  the  end  of  the  first  term  of  five  years,  in       1819. 
each  case,  respectively,  making  the  provision  equal  to  ten  years'  " 
half  pay  ;  which  shall  be  paid  in  the  manner,  and  out  of  the 
fund,  heretofore  designatecl  by  law;  and  the  said  pensions  shall  &c 
also  cease  for  the  reasons  mentioned  in  the  said  law. 
APPROVED,  March  3,  1819. 

AN  ACT  regulating  the  payments  to  invalid  pensioners. 
[This  act  has  been  supposed  by  many  to  refer  only  to  Revolutionary  pen- 
sioners ;  but  by  opinion  of  the  Attorney  General,  it  has  been  construed  as  apply- 
ing to  all  invalid  pensioners.] 

Be  it  enacted,  <fy'c.,  That,  in  all  cases  of  application  for  the  in  applications 
payment  of  pensions  to  invalids,  under  the  several  laws  of 
Congress  granting  pensions  to  invalids,  the  affidavit  of 
surgeons  or  physicians,  whose  credibility,  as  such,  shall  be  cer-  &c.  stating  the 
titled  by  the  magistrate  before  whom  the  affidavit  is  made,  stat- 
ing  the  continuance  of  the  disability  for  which  the  pension  was 
originally  granted,  (describing  it.)  and  the  rate  of  such  disability  for  payment  faii- 

.H?!  '  c  i   •  i  rr  4       •  ing  due  after  4th 

at  the  time  of  making  the  affidavit,  shall  accompany  the  ap-  March,  leao,  and 

th 


plication  of  the  first  payment  which  shall  fall  due  after  the  SSLS?  y  IK 

fourth   day   of  March   next,   and  at  the   end   of  every   two  Jjj^yjf  P'tica^ 

yea*rs  thereafter  ;   and  if,  in  a  case  of  a  continued  disability,  it  rate,  &c. 

shall  be  stated  at  a  rate  below  that  for  which  the  pension  was 

originally  granted,  the  applicant  shall  only  be  paid  at  the  rate 

stated  in  the  affidavit  :  provided,  that,  where  the  pension  shall 

have  been  originally  granted  for  a  total  disability,  in  conse-  ^mty[  &cf  dis" 

quence  of  the  loss  of  a  limb,  or  other  cause  which  cannot, 

either  in  whole,  or  in  part,  be  removed,  the  above  affidavit  shall 

not  be  necessary  to  entitle  the  applicant  to  payment  :  and  pro-  Proviso:  this  act 

vided,  also,  that  this  act  shall  not  extend  to  the  invalids  of  the  fnvaiids^mder 

revolution,  who  have  been,  or  shall  be,  placed  on  the  pension  igi8?8th  March> 

list,  pursuant  to  an  act  of  Congress,  entitled  "  An  act  to  pro- 

vide for  certain  persons  engaged  in  the  land  and  naval  service 

of  the  United  States  in  the  revolutionary  war,"  approved  the 

•i  11  />  i»/r        i       •        i  /-TIT  i  [*So  in  the  origi- 

eignteenth  clay  of  March,  in  the  year  of  our  .Lord  one  thousand  nai.  itsnouidbe 
eight  hundred  and  eight.*  eighteen.] 

APPROVED,  March  3,  1819. 


AN  ACT  to  protect  the  commerce  of  the  United  States,  and  punish  the  crime 

of  piracy. 

[The  1st,  3d,  3d,  and  4th  sections  of  this  act,  continued  for  the  further  term  of 
two  years,  by  act  of  May  15,  1820;  and  the  same  sections  continued  without 
limitation,  by  act  of  Jan.  30,  1823.  The  5th  section  continued  indefinitely,  by 
act  of  May  15,  1820.] 

SEC.  1.  Be  it  enacted,  fyc.,  That  the  President  of  the  United 
States  be,  and  hereby  is,  authorized  and  requested  to  employ  so  pioy  the  public 
many  of  the  public  armed  vessels,  as,  in  his  judgment,  the  ser-  pSect  merchant 
vice  may  require,  with  suitable  instructions  to  the  commanders  ^eslsfraonn^  jj£j£ 
thereof,  in  protecting  the  merchant  vessels  of  the  United  States,  ucai  aggression.- 
and  their  crews,  from  piratical  aggressions  and  depredations. 


120 

1819.  SEC.  2.  And  be  it  further  enacted,  That  the  President  of 

President  the  United  States  be,  and  hereby  is,  authorized  to  instruct  the 
man-  commanders  of  the  public  armed  vessels  of  the  United  States  to 
elis3lto  subdue,  seize,  take,  and  send  into  any  port  of  the  United  States, 
take  and  send  in-  any  armed  vessel  or  boat,  or  any  vessel  or  boat,  the  crew  whereof 
sets?  &?"  which  shall  be  armed,  and  which  shall  have  attempted  or  committed 
OT  coinSSeS'-pL  any  piratical  aggression,  search,  restraint,  depredation,  or  seizure, 
raticai  aggression  upon  any  vessel  of  the  United  States,  or  of  the  citizens  thereof,  or 
veCs8ei,Uandtoarney  upon  any  other  vessel  ;  and  also  to  retake  any  vessel  of  the 
u^ir^niiwSy  United  States,  or  its  citizens,  which  may  have  been  unlawfully 
captured.  captured  upon  the  high  seas. 

Merchant  vessels  SEC.  ^'  And  be  it  further  enacted,  That  the  commander 
of  the  u.  s.own-  and  crew  of  any  merchant  vessel  of  the  United  States,  owned 
!  wholly,  or  in  part,  by  a  citizen  thereof,  may  oppose  and  defend 


nst      ession,"  agamst  any  aggression,  search,  restraint,  depredation,  or  seizure, 
&c.  by  a°ny  armed  \vhich  shall  be  attempted  upon  such  vessel,  or  upon  any  other 

vessel  other  than  ,  ,  <•  •  i     i          .i  i  /• 

a  public  armed  vessel  owned  as  aforesaid,  by  the  commander  or  crew  of  any 


a;nainay  ^med  vessel  whatsoever,  hot  being  a  public  armed  vessel  of  some 
capture  the  of-  nation  in  amity  with  the  United  States:   and  may  subdue  and 

fending      vessel.  ,  J  ,  ,  ,  J     , 

and  retake  ves-  capture  the  same  ;  and  may  also  retake  any  vessel,  owned  as 
sehsof  3  u.s.,  aforegaj^  which  may  have  been  captured  by  the  commander  or 

crew  of  any  such   armed  vessel,  and  send  the  same  into  any 

port  of  the  United  States. 

vessels  or  boats  SEC.  4.  And  be  it  further  enacted,  That  whenever  any  ves- 
Scai  AIggresSon^  sel  or  boat,  from  which  any  piratical  aggression,  search,  re- 
a*tfemptebdeen  fi>or  stramtj  depredation,  or  seizure,  shall  have  been  first  attempted 
ke^n^brouS"  Ol  ma(^e'  s^a^  'Je  caPtured  and  brought  into  any  port  of  the 
inetoport,maySbe  United  States,  the  same  shall  and  may  be  adjudged  and  con- 
the  is™"?  the  u.  dcumed  to  their  use,  and  that  of  the  captors,  after  due  process 
tors^c  the  °ap"  an^  tr^a^'  ^n  any  C0lirt  having  admiralty  jurisdiction,  and  which 

shall  be  holden  for  the  district  into  which  such  captured  vessel 
sale  and  distribu-  shall  be  brought;  and  the  same  court  shall  thereupon  order  a 

sale  and  distribution  thereof  accordingly,  and  at.  their  discretion. 
persons  commit-  SEC.  5.  And  be  it  further  enacted,  That  if  any  person  or 
S^f  Persons  whatsoever  shall,  on  the  high  seas,  commit  the  crime 
if  brought  of  piracy,  as  defined  by  the  law  of  nations,  and  such  orTender 
r  offenders  shall  afterwards  be  brought  into,  or  found  in,  the 
with  death.  United  States,  every  such  offender  or  offenders  shall,  upon  con- 

viction thereof,  before  the  circuit  court  of  the  United  States  for 

the  district  into  which  he  or  they  may  be  brought,  or  in  which 

he  or  they  shall  be  found,  be  punished  with  death. 
limitation  of  this      gEC.  6.  And  be  it  further  enacted,  That  this  act  shall  be  in 

force  until  the  end  of  the  next  session  of  Congress. 
APPROVED,  March  3,  1819. 


RESOLUTION  declaring  the  manner  in  which  the  vessels  composing  the  navy 
of  the  United  States  shall  be  named. 

-Resolved,  fyc.,  That  all  the  ships  of  the  navy  of  the  United 
the secetaiy,un- States,  now  building,  or  hereafter  to  be  built,  shall  be  named 
°f  by  the  Secretary  of  the  Navy,  under  the  direction  of  the  Presi- 


121 

dent  of  the  United  States,  according  to  the  following  rule,  to-     1819. 
wit  :  those  of  the  first  class  shall  be  called  after  the  States  ofist  class,   after 
this  Union  ;  those  of  the  second  class  after  the  rivers  ;  and  those  2ddafter  rivers. 


of  the  third  class  after  the  principal  cities  and  towns  ;  taking 

care  that  no  two  vessels  in  the  navy  shall  bear  the  same  name.  NO  two  of  the 

»  same  name. 

APPROVED,  March  3,  1819. 


AN  ACT  in  addition  to  the  acts  prohibiting  the  slave  trade. 

SEC.  1.  Be  it  enacted,  ^c.,  That  the  President  of  the  United  The 
States  be,  and  he  is  hereby,  authorized,  whenever  he  shall  deem  armed  vessels  of 
it  expedient,  to  cause  any  of  the  armed  vessels  of  the  Unitedc'LS'of 
States  to  be  employed  to  cruise  on  any  of  the  coasts  of  the  &can J0ot 
United  States,  or  territories  thereof,  or  of  the  coast  of  Africa,  or  the^ 
elsewhere,  where  he  may  judge  attempts  may  be  made  to  carry  £e&  importation 
on  the  slave  trade  by  citizens  or  residents  of  the  United  States, ofslaves- 
in  contravention  of  the  acts  of  Congress  prohibiting  the  same, 
and  to  instruct  and  direct  the  commanders  of  all  armed  vessels  vessels   uniaw- 
of  the  United  States,  to  seize,  take,  and  bring  into  any  port  ofS£y  tSporta- 
the  United  States,  all  ships  or  vessels  of  the  United  States,  «°a"  0Jenesge™ees,| 
wheresoever  found,  which  may  have  taken  on  board,  or  which  and  brought  into 
may  be  intended  for  the  purpose  of  taking  on  board,  or  of  trans- porl 
porting,  or  may  have  transported,  any  negro,  mulatto,  or  person 
of  color,  in  violation  of  any  of  the  provisions  of  the  act,*  enti-  (*Approved  Mar. 
titled  "  An  act  in  addition  to  an  act  to  prohibit  the  importation2'1807^ 
of  slaves  into  any  port  or  place  within  the  jurisdiction  of  the 
United   States,  from  and  after  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  eight,  and  to 
repeal  certain  parts  of  the  same,"  or  of  any  other  act  or  acts 
prohibiting  the  traffic  in  slaves,  to  be  proceeded  against  accord- 
ing to  law :   and  the  proceeds  of  all  ships  and  vessels,  their  T*!e  proceeds  of 

7  i  i  i  /»         •  11  rf  ii  offending  vessels, 

tackle,  apparei,  and  furniture,  and  the  goods  and  effects  on  board  &o.  to  be  divided 

of  them,  which  shall  be  so  seized,  prosecuted,  and  condemn-  s^SVe^ca^- 

ed,  shall  be  divided  equally  between  the  United  States  and  the  jJJJJ»ed  v^gee*JJ 

officers  and. men  who  shall  seize,  take,  or  bring,  the  same  into  revenue  cuttere. 

port  for  condemnation,  whether  such  seizure  be  made  by  an 

armed  vessel  of  the  United  States,  or  revenue  cutter  thereof : 

and  the  same  shall  be  distributed  in  like  manner  as  is  provided 

by  law  for  the  distribution  of  prizes  taken  from  an   enemy. 

Provided,  that  the  officers  and  men,  to  be  entitled  to  one-half ^ 

of  the  proceeds  aforesaid,  shall  safe  keep  every  negro,  mulatto,  keep  the  negroes, 

J  ,  .  &  ,       '  and  deliver  them 

or  person  of  color,  found  on   board  of  any  ship  or  vessel  so  to  the  marshal. 

seized,  taken,  or  brought  into  port,  for  condemnation,  and  shall 

deliver  every  such  negro,  mulatto,  or  person  of  color,  to  the 

marshal   of  the  district  into  which  they  are  brought,  if  into  a 

port  of  the   United  States,  or,  if  elsewhere,  to  such  person  or 

persons  as  shall  be  lawfully  appointed  by  the  President  of  the 

United  States,  in  the  manner  hereinafter  directed,  transmitting  A  descriptive  list 

to  the  President  of  the  United  States,  as  soon  as  may  be  after  *J 

such  delivery,  a  descriptive  list  of  such   negroes,  mulattoes,  or 

persons   of  color,  that   he   may   give  directions   for   the  dis- 


122 

1819.       posal  of  them.     And  provided,  further,  that  the  commanders 
proviso:  officers  of  such  commissioned  vessels,  do  cause  to  be  apprehended,  and 

and  crews  of  of-  ,    \  •     .  j  f          ,          ,         ^r    ..          , 

fending  vessels  to  taken  into  custody,  every  person  found  on  board  of  such  vessel, 

todyfa'nddeuver-  so.  seized  and  taken,  being  of  the  officers  or  crew  thereof,  and 

authority16  dvil  ^*m  or  tnem  convey,  as  soon  as  conveniently  may  be,  to  the 

civil  authority  of  the  United  States,  to  be  proceeded  against,  in 

due  course  of  law,  in  some  of  the  districts  thereof. 

The  President  SEC.  2.  And  be  it  further  enacted,  That  the  President  of 
makeleguiatiois the  United  States  be,  and  he  is  hereby,  authorized  to  make 
support  InTrf-  SUC^  regulati°ns  ana"  arrangements,  as  he  may  deem  expedient, 
movai  out  of  the  for  the  safe-keeping,  support,  and  removal,  beyond  the  limits  of 
groes,  °&c.e'and  the  United  States,  of  all  such  negroes,  mulattoes,  or  persons  of 
Jems  <m the  coast  c°l°r?  as  may  De  so  delivered  and  brought  within  their  jurisdic- 
of  Africa  to  re-  tion  .*  and  to  appoint  a  proper  person  or  persons,  residing1  upon 

«eive  them,  &c.    ^  r   *  /•  •    .' 

the  coast  of  Africa,  as  agent  or  agents  for  receiving  the  negroes, 
mulattoes,  or  persons  of  color,  delivered  from  on  board  vessels, 
seized  in  the  prosecution  of  the  slave  trade,  by  commanders  of 
the  United  States'  armed  vessels. 

SEC.  3.  And  be  it  further  enacted,  That  a  bounty  of  twen- 
ty-five  dollars  be  paid  to  the  officers  and  crews  of  the  commis- 
c  tbe  sione^  vessels  of  the  United  States,  or  revenue  cutters,  for  each 
and  every  negro,  mulatto,  or  person,  of  color,  who  shall  have 
been,  as  hereinbefore  provided,  delivered  to  the  marshal  or  agent 
secretary  of  the  duly  appointed  to  receive  them  :  and  the  Secretary  of  the  Trea- 
JhTboSnty  toUbe  sury  is  hereby  authorized  and  required  to  pay,  or  cause  to  be 
paid<  paid,  to  such  officers  and  crews,  or  their  agent,  the  aforesaid 

bounty,  for  each  person  delivered  as  aforesaid. 

ttorney      SEC.  4.  And  be  it  further  enacted,  That  when  any  citizen, 
or  other  person,  shall  lodge  information,  with  the  attorney  for 
tne  district  of  any  State  or  territory,  as  the  case  may  be,  that 
fuSTlm  wrtedw"  any  negro?  mulatto,  or  person  of  color,  has  been  imported  (here- 
in, contrary  to  the  provisions  of  the  acts  in  such  case  made  and 
provided,  it  shall  be  the  duty  of  the  said  attorney  forthwith  to 
upon  the  verdict  commence  a  prosecution,  by  information  ;  and  process  shall  is- 
coiut  Jtory'direct sue  against  the  person  charged  with  holding  such  negro,  ne- 
take  JSrSroes  groes?  mulatto,  mulattoes,  person  or  persons  of  color,  so  alleged 
into  custody.       to  be  imported  contrary  to  the  provisions  of  the  acts  aforesaid  : 
and  if,  upon  the  return  of  the  process  executed,  it  shall  be  as- 
certained, by  the  verdict  of  a  jury,  that  such  negro,  negroes, 
mulatto,   mulattoes,   person   or   persons  of  color,  have  been 
brought  in,  contrary  to  the  true  intent  and  meaning  of  the  acts 
in  such  cases  made  and  provided,  then  the  court  shall  direct  the 
marshal  of  the  said  district  to  take  the  said  negroes,  mulattoes, 
or  persons  of  color,  into  his  custody,  for  safe-keeping,  subject 
informer  entitled to  tfte  orders  of  the  President  of  the  United  States ;  and  the  in- 
to a  bounty*  of  former  or  informers,  who  shall  have  lodged  the  information, 

$50  for  every  ne-     ,„,  -11  •  IT'  i  .•  r  -i_ 

gro,  &c.  besides  shall  be  entitled  to  receive,  over  and  above  the  portion  01  tne 

SSupe°artiJSc°Sg  penalties  accruing  to  him  or  them,  by  the  provisions  of  the  acts 

to  him.  jn  sucn  case  made  and  provided,  a  bounty  of  fifty  dollars,  for 

each  and  every  negro,  mulatto,  or  person  of  color,  who  shall 

have  been  delivered  into  the  custody  of  the  marshal ;  and  the 


123 

Secretary  of  the  Treasury  is  hereby  authorized  and  required  to       1820. 
pay,  or  cause  to  be  paid,  the  aforesaid  bounty,  upon  the  certi-  The  secretary~of 
ficate  of  the  clerk  of  the  court  for  the  district  where  the  prose-  *?isHiSUbounty 
cution  may  have  been  had,  with  the  seal  of  office  thereto  Mft-JSSGHetf  She 
nexed,  stating  the  number  of  negroes,  mulattoes,  or  persons  ofcierk. 
color,  so  delivered. 

SEC.  5.  And  be  if  further  enacted,  That  it  shall  be  the  vessels  captured 
duty  of  the  commander  of  any  armed  vessel  of  the  United  SoJfofthiaKo 
States,  whenever  he  shall  make  any  capture  under  (he  provi-  ^^JpJ^J&e 
sions  of  this  act,  to  bring  the  vessel  and  her  cargo,  for  adjudica-  or  territory  where 
tion,  into  some  of  the  ports  of  the  State  or  territory  to  which  &?  ] 
such  vessel,  so  captured,  shall  belong,  if  he  can  ascertain  the 
same :  if  not,  then  to  be  sent  into  any  convenient  port  of  the 
United  States. 

SEC.  6.  And  be  it  further  enacted,  That  all  such  acts,  orRepugnant  actSj 
parts  of  acts,  as  may  be  repugnant  to  the  provisions  of  this  act,  and  parts  of  acts! 

int.  i  i    j  repealed. 

snail  be,  and  the  same  are  hereby,  repealed. 

SEC.  7.  And  be  it  further  enacted,  That  a  sum  not  exceed-  $100,000  appro- 
ing  one  hundred  thousand  dollars  be,  and  the  same  is  hereby,  E^aVLto™!- 
appropriated  to  carry  this  law  into  effect.  fect< 

APPROVED,  March  3,  1819. 


AN  ACT  in  addition  to  the  several  acts  for  the  establishment  and  regulation  of 
the  treasury,  war,  and  navy  departments. 

SEC.  1.  Be  it  enacted,  fyc. ,  That  it  shall  be  the  duty  of  the 
Secretary  of  the  Treasury,  to  cause  to  be  carried  to  the  account 
of  the  surplus  fund,  any  moneys,  appropriated  for  the  depart- 
ment of  war,  or  of  the  navy,  which  may  remain  unexpended  unexpended  mo- 
in  the  treasury,  or  in  the  hands  of  the  Treasurer,  as  agent  for  Sbfe'ct 
those  departments,  whenever  he  shall  be  informed  by  the  sec-  , 

retaries  of  those  departments  that  the  object  for  which  the  ap-  camfedtotheaur- 
propriation  was  made  has  been  effected.     And  it  shall  be  the  ph 
duty  of  the  secretaries  of  war  and  navy  departments,  to  cause 
any  balance  of  moneys  drawn  out  of  the  treasury,  which  shall  Balance  of  mo- 
remain  unexpended,  after  the  object  for  which  the  appropria- fheeys  objS' ahas 
tion  was  made  shall  be  effected,  to  be  repaid  to  the  treasury  of  ^e^edctte0d'u2 
the  United  States ;  and  such  moneys,  when  so  repaid,  shall  be  treasury. 
carried  to  the  surplus  fund. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be'  the  duty  gecretaries  of 
of  the  Secretaries  of  the  war  and  navy  departments,  to  lay  be-  waran^navy^to 
fore  Congress,  on  the  first  day  of  February,  of  each  year,  agress,e  annually' 
statement  of  the  appropriations  of  the  preceding  year,  for  their  ^terne1,?  of  a'p^ 
departments,  respectively,  showing  the  amount  appropriated  propriations  of 

,    '  /•'  & .      .  T    the        preceding 

under  each  specific  head  of  appropriation,  the  amount  expend- year,  showing  the 
«d  under  each,  and  the  balance  remaining  unexpended,  either  amount> balance- 
in  the  treasury,  or  in  the  Treasurer's  hands,  as  agent  of  the  war 
or  navy  departments,  on  the  thirty-first  December  preceding :  secretaries  to  'es- 
and  it  shall  be  further  the  duty  of  the  secretaries  aforesaid,  to  {Jmate  the  Proba: 

,  i     i  i         T  11-1  .  7    ,    ble  demands,  and 

estimate  the  probable  demands  which  may  remain  on  each  balance  to  be  de- 
appropriation,  and  the  balance  shall  be  deducted  from  the  es- ducted< 


124 

1820.       timates  of  their  departments,   respectively,  for  the  service  of 

Accounts  to  be  the  current  year  ;   and  accounts  shall  also  be  annually  ren- 

edf  S'sums^x-  dered,    in    manner   and    form    as    aforesaid,    exhibiting    the 

pended  ;  balance.  sums   expended  out   of  the   estimates  aforesaid,  and  the  ba- 

lance,  if   any,  which   may   remain   on   hand,  together  with 

such  information,  connected  with  the  same,  as  shall  be  deem- 

unexpended  mo-  ed   proper.      And   whenever   any    moneys,    appropriated    to 

neys  in  the  hands  the   department  of  war,  or  of  the  navy,  shall  remain  unex- 

of  the    treasurer  ,     /  .  *'  .  . 

as  agent  of  war  pended  in  the  hands  of  the  Treasurer,  as  agent  of  either  of 

ment",XVfordemoJre  those  departments,  for  more  than  two  years  after  the  expiration 

S^to^be  carS  °^  tne  calendar  year  in  which  the  act  of  appropriation  shall  have 

to  the    surplus  been  passed,  or  to  which  it  refers,  it  shall  be  the  duty  of  the 

secretary  of  such  department  to  inform  the  Secretary  of  the 

Treasury  of  the  fact,  and  the  Secretary  of  the  Treasury  shall 

thereupon  cause  such  moneys  to  be  carried  to  the  account  of 

Proviso:  notrans-  the  surplus  fund  :    provided,  that  when  an  act,  making'  an  ap- 

fer     to      surplus  .   L.  "  . 

fund  until  exph-a-  propnation,  shall  assign  a  longer  duration  for  the  completion  of 
iimite^  for  com6-  its  object,  no  transfer  of  any  unexpended  balance,  to  the  account 
Potion  of  the  ob-  Of  the  surplus  fund,  shall  be  made,  until  the  expiration  of  the 
time  fixed  in  such  act. 

[SEC.  3  relates  entirely  to  the  War  Department.] 

•  'Appropriations  SEC.  4.  And  be  if  further  enacted,  That  nothing  contained 
onVyeanllt  to  be  in  the  act  of  March  third,  one  thousand  eight  hundred  and 
Si?rfebrlnchaofnmeJ  entitled  "An  act  further  to  amend  the  several  acts  for  the 
expenditure  in  a  establishment  and  regulation  of  the  treasury,  war,  and  navy  de- 

differentyear.un-  A     ,,     ,      „   ,  •7,1 

der  act  3d  March,  partments,"  shall  be  so  construed,  as  to  allow  any  appropria- 
tions whatever,  for  the  service  of  one  year,  to'  be  transferred  to 
another  branch  of  expenditure,  in'a  different  year,  nor  shall  any 


subject  to  be  transferred,  under  the 

of  the  treasurer,  provisions  of  the  abovementioned  act,  after  they  shall  have  been 
subjelt'to  trans-  placed  in  the  hands  of  the  Treasurer,  as  agent  of  the  war  or 

fer  under  act  of  nnrT,7  HprknrtmAnto 

3d  March,  1809.  navj  departments. 

SEC.  5.  And  be  it  further  enacted,  That  the  abovemention- 
miQ0f3dMiarfh'e(l  act  of  the  third  of  March,  one  thousand  eight  hundred  and 

louy,  amended.         .  in,  11  •      i          i  111 

nine,  shall  be,  and  the  same  is  hereby,  so  amended,  that  the 
President  shall  be  authorized  to  direct  a  portion  of  the  moneys 
appropriated  for  any  one  of  the  following  branches  of  expendi- 
of  ex-  ture  in  the  military  department,  viz  :  for  the  subsistence  of  the 
tmcn't6,  army,    for  forage,  for   the  medical  and  hospital   department, 
for    tne  '  quartermaster's   department  ;    to    be   applied    to   any 
one    of    which  other   of    the   abovementioned    branches   of    expenditure    in 
SntX^appiied  the  same  department  :  and  that  the  President  shall  be,  also,  fur- 
to  another.         tjier  authorized,  to  direct  a  portion  of  the  moneys  appropriated 

Bendituro  ?n  the  ^or  an^  °^  ^ie  fo^owmg  branches  of  expenditure  in  the  naval 
navy  department6,  department,  viz  :  for  provisions,  for  medicine  and  hospital 
stores,  for  repairs  of  vessels,  for  clothing;  to  be  applied  to  any 
of  which  other  of  the  abovementioned  branches  of  expenditure  in  the 
sidnt%etappHfed  same  department  ;  and  that  no  transfers  of  appropriation,  from 
to  another.  Qr  ^Q  otner  oranches  of  expenditure,  shall  be  hereafter  made. 
NO  contracts  to  SEC.  0.  And  be  it  further  enacted,  That  no  contract 
be  made  by  the  gh^  hereafter  be  made  by  the  Secretary  of  State,  or  of  the 

sccrt  tunes  01  UG- 


125 

treasury,  or  of  the  department  of  war,  or  of  the  navy,  except       1820. 
under  a  law  authorizing  the  same,  or  under  an  appropriation  partments  except 
adequate  to  its  fulfilment;  and  excepting,  also,  contracts  for  the  U? dariaw"to?rS 
subsistence  and  clothing  of  the  army  or  navy,  and  contracts  by  ^S,1?  andPex 
the  quartermaster's  department,  which  may  be  made  by  the  cept  contracts  for 

1     .  f    i  j  J  subsistence,   clo- 

secretaries  of  those  departments.  thing,  and  quar- 

SEC.  7.  And  be  it  further  enacted.  That  no  land  shall  be  Pea""mStr's    de~ 

purchased  on  account  of  the  United  States,  except  under  a  law  NO  land  to  be  Pur- 

.    .  ,  chased  for  the  U. 

authorizing  such  purchase.  s.  except  under 

SEC.  8.  And  be  it  further  enacted,  That  it  shall  be  the  duty  SSS&'Sr'L 

of  the  Secretary  of  the  Treasury  to  annex,  to  the  annual  esti-  treasury  to  annex 

,.     ,         J  .      .  J    .       i    f         i  ,  ,.  .  to     annual    esti- 

mates of  the   appropriations  required  for  the  public  service,  a  mates,  a  state- 
statement  of  the  appropriations  for  the  service  of  the  year  which  SV 
may  Jiave  been  made  by  former  acts;  and,  also,  a  statement  of  J^6^*6  • 
the  sums  remaining  in  the  treasury,  or  in  the  hands  of  the  and  of  sums 
Treasurer,  as  agent  of  the  war  and  navy  departments,  from  the lh< 
appropriations  of  former  years,  estimating  the  amount  of  those 
sums  which  will  not  be  required  to  defray  expenses  incurred  in 
a  previous  year,  and  showing  the  whole  amount  which  will  be 
subject  to  the  disposition  of  the  executive  government  in  the 
year  to  which  the  estimates  apply. 

APPROVED,  May  1,1820. 


con- 


AN  ACT  to  limit  the  term  of  office  of  certain  officers  therein  named,  and  for 
other  purposes. 

SEC.  1.  Be  it  enacted,  $fc.,  That,  from  and  after  the  pass-  J 
incf  of  this  act,  all  district  attorneys,  collectors  of  the  customs,  toms>  nava'  0^- 

5     ,        ~.  ,  r     i     '  cers,  surveyors  of 

naval  officers,  and  surveyors  of  the  customs,  navy  agents,  re-  customs,  navy 
ceivers  of  public  moneys  for  lands,  registers  of  the  land  offices,  Spu5icmConey? 
paymasters  in  the  army,  the  apothecary  general,  the  assistant  re4islers  of  lan(* 

r    J  _  ill  i  offices,    paymas- 

apothecaries  general,  and  the  commissary  general  of  purchases,  ters,  apothecary 
to  be  appointed  under  the  laws  of  the  United  States,  shall  be  fa,ner 
appointed  for  the  term  of  four  years,  but  shall  be  removable  JJJ) 
from  office  at  pleasure.  be 

SEC.  2.  And  be  it  further  enacted,  That  the  commission 
each  and  every  of  the  officers  named  in  the  first  section  of  this  oSre^now  £f 
act,  now  in  office,  unless  vacated  by  removal  from  office,  or  ^e'to  C0e/a?e— 

.'.  in  i  .        .        Y  /*  11         •  ii  I'  before  30th  of 

otherwise,  shall  cease  and  expire  in  the  manner  following  :  all  septembei,  isw, 

such  commissions,  bearing  date  on  or  before  the  thirtieth  day  of  su/ng ir3otnteseept" 

September,  one  thousand  eight  hundred  and  fourteen,  shall  182°- 

cease  and  expire  on  the  day  and  month  of  their  respective  dates, 

which  shall  next  ensue  after  the  thirtieth  day  of  September 

next;  all  such  commissions,  bearing  date  after  the  said  thirtieth 

day  of  September,  in  the  year  one  thousand  eight  hundred  and  if  after  soth  sept. 

f  i  i      c         i.\       £.     i.    i  f  r\    j.    u  ^i  1*1      1814J   and  before 

fourteen,  and  before  the  first  day  of  October,  one  thousand  eight  ist  Oct.  isie,  at 
hundred  and  sixteen,  shall  cease  and   expire  on  the  day  and  |JlJir  """ 
month  of  their  respective  dates,  which  shall  next  ensue  after 18^1- 
the  thirtieth  day  of  September  one  thousand  eight  hundred  and 
twenty-one.     And  all  other  such  commissions  shall  cease  and 


126 
1820.       expire  at  the  expiration  of  the  term  of  four  years  from  their  re- 

All  others  4  years  SpeCtlVC  datCS. 

tes>  SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  lawful 
auhthorizedesifrom  for  the  President  of  the  United  States,  and  he  is  hereby  autho- 
to  time,  torized,  from  time  to  time,  as  in  his  opinion  the  interest  of  the 
ms  United  States  may  require,  to  regulate  and  increase  the  sums 
f°r  wmcn  <-he  bonds  required,  or  which  may  be  required,  by  the 
the  u.  s.  Jaws  of  the  United  States,  to  be  given  by  the  said  officers,  and 

by  all  other  officers  employed  in  the  disbursement  of  the  pub- 
lic moneys,  under  the  direction  of  the  war  or  navy  departments, 
shall  be  given ;  and  all  bonds,  given  in  conformity  with  such 
regulations,  shall  be  as  valid  and  effectual,  to  all  intents  and 
purposes,  as  if  given  for  the  sums  respectively  mentioned  in  the 
laws  requiring  the  same. 
APPROVED,  May  15,  1820. 


AN  ACT  providing  for  the  better  organization  of  the  treasury  department. 

["  The  powers  and  duties  which  are  by  law  vested  in,  and  required  from,  the 
agent  of  the  treasury,  transferred  to,  vested  in,  and  required  from,  the  solicitor  of 
the  treasury,"  by  act  of  May  29,  1830.] 

An  officer,  to  be      SEC.  ^'  ^e  ^  enacted,  fyc.,  That  it  shall  be  the  duty  of  such 
designated  by  the  officer  of  the  treasury  department  as  the  President  of  the  Uni- 

President,  asa-,10  i      n     ^  .'  .•  i      •  f        T 

gent  of  the  trea-  ted  States  shall,  from  time  to  time,  designate  for  that  purpose, 
e  as  the  agent  of  the  treasury,  to  direct  and  superintend  all  or- 
1^8'  su^ts?   or  Proceedings,  in  law  or  equity,  for  the  recov- 
ery  of  money,  chattels,  lands,  tenements,  hereditaments,  in  the 
name,  and  for  the  use,  of  the  United  States. 

[SEC.  2  relates  to  collectors,  and  other  officers,  who  receive 
"the  public  money  before  it  is  paid  into  the  treasury."] 
After  soth  Sept.  SEC.  3.  And  be  it  further  enacted.  That,  from  and  after  the 
Sedffitors  d£l  thirtieth  day  of  September  next,  if  any  officer  employed,  or 
burse  public  mo-  who  has  heretofore  been  employed,  in  the  civil,  military,  or  na- 
ren-  val  departments  of  the  Government,  to  disburse  the  public  mo- 
nthe  ney  appropriated  for  the  service  of  those  departments,  respec- 
ist  and  2d  comp-  tively ,  shall  fail  to  render  his  accounts,  or  to  pay  over,  in  the 

troller     to    state  J  '  ,     .          .  •      j  i        i  ,1  i    *• 

and  certify  the  manner,  and  in  the  times,  required  by  law,  or  the  regulations 
of  the  department  to  which  he  is  accountable,  any  sum  of  mo- 
themet)d  lie^  remainmg  m  the  hands  of  such  officer,  it  shall  be  the  duty 

warrant  orW  of  the  first  or  second  comptroller  of  the  treasury,  as  the  case  may 
be,  who  shall  be  charged  with  the  revision  of  the  accounts  of 
such  officer,  to  cause  to  be  stated  and  certified,  the  account  of 
such  delinquent  officer,  to  the  agent  of  the  treasury,  who  is 
hereby  authorized  and  required  immediately  to  proceed  against 
such  delinquent  officer,  in  the  manner  directed  in  the  preceding 
section,  all  the  provisions  of  which  are  hereby  declared  to  be 
applicable  to  every  officer  of  the  Government  charged  with  the 
disbursement  of  the  public  money,  and  to  their  sureties,  in  the 
same  manner,  and  to  the  same  extent,  as  if  they  had  been  de- 

Proviso:  the  a- scribed  and  enumerated  in  the  said  section:  provided^never- 

baSonWonhaePserc  thekss,  that  the  said  agent  of  the  treasury,  with  the  approba- 


127 
tion  of  the  Secretary  of  the  Treasury,  in  cases  arising  under  this       1820. 


or  the  preceding  section,  may  postpone,  for  a  reasonable  time,  retaryofthetrea- 
the  institution  of  the  proceedings  required  by  this  act,  where,  in  su 
his  opinion,  the  public  interest  will  sustain  no  injury  by  such 
postponement. 

SEC.  4.    And  be  it  further  enacted,   That  if  any  person  edm&     refer  a 
should  consider  himself  aggrieved  by  any  warrant  issued  under  MII  of  complaint 
this  act,  he  may  prefer  a  bill  of  complaint  to  any  district  judge  &ca.disl 
of  the  United  States,  setting  forth  therein  the  nature  and  extent 
of  the  injury  of  which  he  complains;  and  thereupon  the  judge 
aforesaid  may,  if,  in  his  opinion,  the  case  requires  it,  grant  an 
injunction  to  stay  proceedings  on  such  warrant  altogether,  or 
for  so  much  thereof  as  the  nature  of  the  case  requires  ;  but  no 
injunction  shall  issue,  till  the  party  applying  for  the  same  shall 
give  bond,  and  sufficient  security,  conditioned  for  the  perform-  rity- 
ance  of  such  judgment  as  shall  be  awarded  against  the  com- 
plainant, in  such  amount  as  the  judge,  granting  the  injunction,  injunction  not  t(> 
shall  prescribe ;  nor  shall  the  issuing  of  such  injunction,  in  any  impair  the  uenof 
manner,  impair  the  lien  produced  by  the  issuing  of  such  war-  ^ 
rant.     And  the  same  proceedings  shall  be  had  on  such  injunc- 
tion as  in  other  cases,  except  that  no  answer  shall  be  necessary 
on  the  part  of  the  United  States;  and  if,  upon  dissolving  the  in-  Damages,  if  ap- 

.    "     .        ,     „  .    .    '  .  *  .     °  ,       plication  for  the 

junction,  it  shall  appear  to  the  satisfaction  of  the  judge  who  injunction    was 

shall  decide  .upon  the  same,  that  the  application  for  the  injunc-  merelyfol 

tion  was  merely  for  delay,  in  addition  to  the  lawful  interest 

which  shall  be  assessed  on  all  sums  which  may  be  found  due 

against  the  complainant,  the  said  judge  is  hereby  authorized  to 

add  such  damages  as  that,  with  the  lawful  interest,  it  shall  not 

exceed  the  rate  of  ten  per  centum  per  annum  on  the  principal 

sum. 

SEC.  5.  And  be  it  further  enacted,  That  such  injunctions 
may  be  granted  or  dissolved  by  such  judge,  either  in  or  out  of 
court. 

SEC.  6.  And  be  it  further  enacted,  That,  if  any  person  shall  Persons  ^ 
consider  himself  aggrieved  by  the  decision  of  such  judge,  either  j€udge,  may  apply 
in  refusing  to  issue  the  injunction,  or,  if  granted,  on  its  dissolu-  suprimf6  °cfourt^ 
tion,  it  shall  be  competent  for  such  person  to  lay  a  copy  of  the  who^  may  grant 
proceedings  had  before  the  district  judge  before  a  judge  of  the 
Supreme  Court,  to  whom  authority  is  hereby  given,  either  to 
grant  the  injunction,  or  permit  an  appeal,  as  the  case  may  be, 
if,  in  the  opinion  of  such  judge  of  the  Supreme  Court,  the  equi- 
ty of  the  case  requires  it ;  and  thereupon  the  same  proceedings 
shall  be  had  upon  such  injunction  in  the  circuit  court,  as  are 
prescribed  in  the  district  court,  and  subject  to  the  same  condi- 
tions, in  all  respects  whatsoever. 

SEC.  7.  And  be  it  further  enacted,  That  the  attorneys  of ^"^coffo™ 
the  United  States,  for  the  several  judicial  districts  of  the  United  to     instructions 

0.  .,1  .  /•     11         •       •        i  •        i  from  the  agent  of 

States,  in  the  prosecution  of  all  suits  in  the  same,  in  the  name  the  treasury, 
and  for  the  benefit  of  the  United  States,  shall  conform  to  such 
directions  and  instructions,  touching  the  same,  as  shall,  from 
time  to  time,  be  given  to  them,  respectively,  by  the  said  agent 


128 

1820.       of  the  treasury.    And  it  shall,  moreover,  be  the  duty  of  each  of 

tndnioF'  tveJ6  ^ie  Sa^  attomevs5  immediately  after  the  end  of  every  term  of 

term,  to  foward  the  district  and  circuit  courts,  or  of  any  State  court,  in  which  any 

casS^Tcidedf811^  or  action  may  be  pending,  on  behalf  of  the  United  States, 

to  the^erir1'011  lmc^er  tne  direction  of  any  district  attorney,  to  forward  to  the  said 

agent  of  the  treasury  a  statement  of  the  cases  which  have  been 

decided  during  the  said  term,  together  with  such  information, 

touching  such  cases  as  may  not  have  been  decided,  as  may  be 

required  by  the  said  officer. 

SdSrictcourt^  SEC'  8'  ^nd  be  it  further  enacted,  That  it  shall  be  the  duty 
within  so  days'  of  the  clerks  of  the  district  and  circuit  courts,  within  thirtv  davs 

after  term,  to  for-     /\iv  /•          i  •  ««    i  "          •  i  * 

ward  a  list  Of  after  the  adjournment  of  each  successive  term  of  the  said  courts, 
teJSj  respectively,  to  forward  to  the  said  agent  of  the  treasury,  a  list 
thT'a'  °^  a^  Judgments  and  decrees  which  have  been  entered  in  the 
a"said  courts,  respectively,  during  such  term,  to  which  the  United 
States  are  parties,  showing  the  amount  which  has  been  so  ad- 
judged or  decreed  for  or  against  the  United  States,  and  stating 
3oardhay»s'  'before 'tne  term  to  which  execution  thereon  will  be  returnable.     And 
Si's  t0toma.he  ^  snau>>  m  ^k:e  manner,  be  the  duty  of  the  marshals  of  the  sev- 
agent,    of  pro-  era!  judicial  districts  of  the  United  States,  within  thirty  days  be- 
Sexencguti0onrnts  fore  the  commencement  of  the  several  terms  of  the  said  courts, 
to  make  returns,  to  the  said  agent,  of  the  proceedings  which 
have  taken  place  upon  all  writs  of  execution,  or  other  process, 
which  have  been  placed  in  his  hands  for  the  collection  of  the 
money  which  has  been  so  adjudged  and  decreed  to  the  United 
States  in  the  said  courts,  respectively. 
Nothing  in  this      SEC.  9.  And  be  if  further  enacted.  That  nothing  in  this  act 

act  to  impair  any  ,-11111  A  •  •    i 

right  or  remedy,  contained  shall  be  construed  to  take  away,  or  impair,  any  right 
ranwse,rfo?rthedire^  or  remedy,  which  the  United  States  now  have,  by  law,  for  the 
covery  of  debts,  recovery  of  taxes,  debts,  or  demands. 

APPROVED,  May  15,  1820. 

AN  ACT  authorizing  the  building  of  a  certain  number  of  small  vessels  of  war. 

[Obsolete.] 

Be  it  enacted.  &°c.,  That  the  President  of  the  United  States 

President  autho-  .     ,          ,  i        •        i  11-1  i 

rized  to  cause  to  is  hereby  authorized  to  cause  to   be   built,  and  equipped,  any 
seis^of'warrof1111111^61"  of  small  vessels  of  war  (not  exceeding  five)  which,  in 
guisme°acehtha'n  1S hig  judgment,  the  public  service  may  require;  the  said  vessels 
to  be  of  a  force  not  more  than  twelve  guns  each,  according  to 
the  discretion  of  the  President.     And,  for  carrying  this  act  into 
$60,000  appropri  effect,  the  sum  of  sixty  thousand  dollars  is  hereby  appropriated, 
ated  fo         .b-  to  ^  pajj  oufc  Qj.  any  money  jn  tne  treasury  not  otherwise  ap- 
propriated. 

APPROVED,  May  15,  1820. 

[Under  this  act,  the  schooners  Alligator,   Dolphin,  Grampus,  Porpoise,  and 
Shark,  were  built.] 


AN  ACT  to  amend  "An  act  making  reservation  of  certain  public  lands  for 
naval  purposes,"  passed  first  March,  one  thousand  eight  hundred  and  seven- 
teen. 

power  of  the  se-      Be  it  enacted,  4*e.,  That  so  much  of  the  first  section  of  the 
a  act  of  Congress,  passed  on  the  first  day  of  March,  one  thousand 


129 

eight  hundred  and  seventeen,  entitled  "  An  act  making  reser-       1820. 
vation  of  certain  public  lands  for  naval  purposes,"  as  empowers  gems  and  survey- 
the  Secretary  of  the  Navy  to  appoint  an  agent  or  agents  and or  rePealed- 
surveyor,  be,  and  the  same  is  hereby,  repealed ;  and  the  duties  Duties  t0beper- 
and  services  required  by  said  section  be  performed,  in  future,  by  formed  ]?y  «"- 

1   /.         i  i  •     i        i  .  i  i         i       -A    ^  veyors  of  public 

such  surveyors  of  public  lands  as  may  be  designated  by  the  Fre-  lands. 
sident  of  the  United  States. 

APPROVED,  May  15,  1820. 


AN  ACT  to  continue  in  force  "  An  act  to  protect  the  commerce  of  the  United 
States  and  punish  the  crime  of  piracy,"  and  also  to  make  further  provision  for 
punishing  the  crime  of  piracy. 

SEC.  1.  Be  it  enacted.  &c.,  That  the  first,  second,  third,  and  \s*>  2d>  3d>  an<* 

,,          i  .  ,,  -11,,*  4th    sections     of 

lourth  sections  or  an  act,  entitled  "  An  act  to  protect  the  com-  act  of  3d  March, 

merce  of  the  United  States  and  punish  the  crime  of  piracy," 

passed  on  the  third  day  of  March,  one  thousand  eight  hundred 

and  nineteen,  be,  and  the  same  are  hereby,  continued  in  force, 

from  the  passing  of  this  act  for  the  term  of  two  years,  and  from 

thence  to  the  end  of  the  next  session  of  Congress,  and  no 

longer.     [Continued,  without  limitation,  by  act  of  Jan.  30, 

1823.] 

SEC.  2.  And  be  it  further  enacted,  That  the  fifth  section  of  sth  section  of  act 
the  said  act  be,  and  the  same  is  hereby,  continued  in  force,  Continued0, l'as  to 
as  to  all  crimes  made  punishable  by  the  same,  and  heretofore  commiS?tof°re 
committed,  in  all  respects,  as  fully  as  if  the  duration  of  the  said 
section  had  been  without  limitation. 

SEC.  3.    And  be  it  further  enacted,  That  if  any  person  Persons 
shall,  upon  the  high  seas,  or  in  any  open  roadstead,  or  in  any  Jfjjf 
haven,  basin,  or  bay,  or  in  any  river  where  the  sea  ebbs  and  JJJ^^JJJ'Sj 
flows,  commit  the  crime  of  robbery,  in  or  upon  any  ship  orves-  high 'seas,  in  a 

T  /-ii'i  /*  i   •  i  roadstead,  &c.  to 

sel,  or  upon  any  of  the  ship  s  company  or  any  snip  or  vessel,  or  suffer  death. 
the  lading  thereof,  such  person  shall  be  adjudged  to  be  a  pirate; 
and  being  thereof  convicted,  before  the  circuit  court  of  thfc-jjjf^j^^jjj 
United  States  for  the  district  into  which  he  shall  be  brought,  or  brought  or  found. 
in  which  he  shall   be  found,  shall  suffer  death.     And  if  any 

,   .  .      -,  .  i  "^.Persons  engaged 

person  engaged  in  any  piratical  cruise  or  enterprise,  or  being  of  in  any  piratical 
the  crew  or  ship's  company  of  any  piratical  ship  or  vessel,  shall  cSSSg  Sb- 
land  from  such  ship  or  vessel,  and,  on  shore,  shall  commit  rob-  J>eiy  °?  shore> 

,  ,  ini  i-ii  •  i  •       declared  pirates, 

bery,  such  person  shall  be  adjudged  a  pirate;  and,  on  convic-  and    to    suffer 
tion  thereof,  before  the  circuit  court  of  the  United  States  for  the  conviction  in  cir- 
district  into  which  he  shall  be  brought,  or  in  which  he  shall  be 
found,  shall  suffer  death:  provided,  that  nothing  in  this  sec-  ^Js°: 
tion    contained  shall  be  construed  to    deprive  any  particular  S? j 
State  of  its  jurisdiction  over  such  offences,  when  committed 
within  the  body  of  a  county,  or  authorize  the  courts  of  the  quittai. 
United  States  to  try  any  such  offenders,  after  conviction  or  ac- 
quittance, for  the  same  offence,  in  a  State  court. 

SEC.  4.  And  be  it  further  enacted.  That  if  any  citizen  of  Persons  landing 

i       7r    •"     i  <N  i      •  /.    i  i   •     *  f  on  a  foreign  shore 

the  United  States,  being  of  the  crew  or  ship's  company  of  any  and  seizing  ne- 
foreign  ship  or  vessel  engaged  in  the  slave  trade,  or  any  person groe 
9 


130 

1820.  whatever,  being  of  the  crew  or  ship's  company  of  any  ship  or 
toes,  not  held  to  vessel,  owned  in  the  whole  or  part,  or  navigated  for,  or  in  behalf 
5ntieetoW1make  of,  any  citizen  or  citizens  of  the  United  States,  shall  land,  from 
1  inlaforcib°r  any  sucn  smP  or  vessel,  and,  on  any  foreign  shore,  seize  any 
rr/  negro  or  mulatto,  not  held  to  service  or  labor  by  the  laws  of 
te^  either  of  the  States  or  territories  of  the  United  States,  with  in- 


deih.to        fertent  to  make  such  negro  or  mulatto  a  slave,  or  shall  decoy,  or 
forcibly  bring  or  carry,  or  shall  receive,  such  negro  or  mulatto, 
on  board  any  such  ship  or  vessel,  with  intent  as  aforesaid,  such 
conviction  in  cir-  citizen  or  person  shall  be  adjudged  a  pirate  ;  and,  on  conviction 
thereof,  before  the  circuit  court  of  the  United  States  for  the  dis- 
trict wherein  he  may  be  brought  or  found,  shall  suffer  death. 
persons  forcibly      SEC.  5.  And  be  it  further  enacted.  That  if  any  citizen  of 
tog,fionrn!id1ngaito  the  United  States,  being  of  the  crew  or  ship's  company  of  any 
SegfoTsorndbeotard^ore^n  sn^P  or  vessel  engaged  in  the  slave  trade,  or  any  person 
vessels,  or  offer-  whatever,  being  of  the  crew  or  ship's  company  of  any  ship  or 

ing    to    sell    on  i        i      n  •  •  i r  /•  •      i     i     11? 

board,  or,  on  the  vessel,  owned  wholly,  or  in  part,  or  navigated  for,  or  in  behalf 
S£er,eatewi8fw-  °f>  anv  citizen  or  citizens  of  the  United  States,  shall  forcibly 
wlr  to  wiyvothef  con^ne  or  detain,  or  aid  or  abet  in  forcibly  confining  or  detain- 
snip,  or  landing,  ing,  on  board  such  ship  or  vessel,  any  negro  or  mulatto  not  held 
tMVdSciwed  pi- to  service  by  the  laws  of  either  of  the  States  or  territories  of  the 
i  to  sue-  United  States,  with  intent  to  make  such  negro  or  mulatto  a 
slave,  or  shall,  on  board  any  such  ship  or  vessel,  offer  or  at- 
tempt to  sell,  as  a  slave,  any  negro  or  mulatto  not  held  to  ser- 
vice as  aforesaid,  or  shall,  on  the  high  seas,  or  any  where  on 
tide  water,  transfer  or  deliver  over,  to  any  other  ship  or  vessel, 
any  negro  or  mulatto,  not  held  to  service  as  aforesaid,  with  in- 
tent to  make  such  negro  or  mulatto  a  slave,  or  shall  land,  or  de- 
liver on  shore,  from  on  board  any  such  ship  or  vessel,  any  such 
negro  or  mulatto,  with  intent  to  make  sale  of,  or  having  previ- 
ously sold,  such  negro  or  mulatto,  as  a  slave,  such  citizen  or 
person  shall  be  adjudged  a  pirate;  and,  on  conviction  thereof, 
'-  before  the  circuit  court  of  the  United  States  for  the  district 
brought  or  found,  wherein  he  shall  be  brought  or  found,  shall  suffer  death. 
APPROVED,  May  15,  1820. 

[By  act  of  March  3,  1823,  district  courts  of  the  United  States  shall  have  cog- 
nizance, where  no  circuit  courts  are  holden.] 


AN  ACT  to  amend  the  act,  entitled  "  An  act  to  amend  the  act  authorizing  the 
employment  of  an  additional  naval  force." 

aa  sec.  of  act  of     Be  it  enacted,  d^c.,  That  the  second  section  of  the  act,  en- 
809'  ?o  titled  "  An  act  authorizing  the  employment  of  an  additional 


naval  force,"  passed  on  the  thirty-first  day  of  January,  eighteen 
nun(^re^  an(^  nme>  be>  and  the  same  is  hereby,  amended,  so  far 
as  to  authorize  the  enlistment  of  able  seamen,  ordinary  seamen, 
and  boys,  during  the  continuance  of  the  service  or  cruise  for 
which  they  shall  be  enlisted ;  not,  however,  to  exceed  the  pe- 
riod of  three  years. 

APPROVED,  May  15,  1820. 


131 

AN  ACT  to  amend  the  act,  entitled  "An  act  for  the  gradual  increase  of  the        1822. 
navy  of  the  United  States." 


SEC.  1.  Be  it  enacted,  fyc.,  That  the  first  section  of  the  act,  ]StSec.  of  act  of 
entitled  "  An  act  for  the  gradual  increase  of  the  navy  of  the  ^ated"1' 1816> 
United  States,"  approved  April  twenty-ninth,  eighteen  hundred 
and  sixteen,  shall  be,  and  the  same  is  hereby,  repealed. 

SEC.  2.  And  be  it  further  enacted.  That,  instead  of  the  ap-  $500.000  per  mm. 
propriation  therein  contained,  there  shall  be,  and  is  hereby,  ap-  the  "raduST'foT 
propriated,  the  sum  of  five  hundred  thousand  dollars  per  an-  j^aseofthe  na- 
num,    for  six   years,  from    the  year    eighteen   hundred    and 
twenty-one,  inclusive,  to  be  applied  to  carry  into  effect  the 
purposes  of  the  said  act. 

APPROVED,  March  3,  1821. 


AN  ACT  for  the  preservation  of  the  timber  of  the  United  States  in  Florida. 

Be  it  enacted,  fyc.,  That  the  President  of  the  United  president 
States  be,  and  hereby  is,  authorized  to  employ  so  much  of  the 
land  and  naval  forces  of  the  United  States  as  may  be  necessary  topreyentthedc- 
effectually  to  prevent  the  felling,  cutting  down,  or  other  de-  carrying1  away[ 
struction  of,  the  timber  of  the  United  States  in  Florida ;  and  Fr"S%Lda%hnedr 
also  to  prevent  the  transportation  or  carrying  away  any  such  authorized  '  to 

..      ,  i          i          i      y  n     i  iii  i    take  measures  to 

timber  as  may  be  already  felled  or  cut  down  ;  and  to  take  such  preserve  it. 
other  and  further  measures  as  may  be  deemed  advisable  for  the 
preservation  of  the  timber  of  the  United  States  in  Florida. 
APPROVED,  February  23,  1822. 

AN  ACT  further  to  amend  the  several  acts  relative  to  the  treasury,  war,  and 
navy  departments. 

SEC.  1.  Be  it  enacted,  &fc.,  That  the  second  section  of  the2dgec  ofactof 
act,  entitled  "  An  act  making  alterations  in  the  treasury  and  war  8th  May,  1792, 
departments,"  passed  the  eighth  day  of  May,  seventeen  hun- 
dred and  ninety-two;  the  second'  section  of  the  act,  entitled  2dgec  ofact  of 
"  An  act  to  alter  and  amend  the  several  acts  for  the  establish-  i6thJu'iy,  ITSS, 
ment  and  regulation  of  the  treasury,  war,  and  navy  depart- 
ments," passed  the  sixteenth  day  of  July,  seventeen  hundred 
and  ninety-eight ;  and  the  seventh  section  of  the  act,  entitled 
"  An  act  to  provide  for  the  prompt  settlement  of  public  ac-  act  of  3dMai-cbf 
counts,"  passed  the  third  day  of  March,  eighteen  hundred  and  1817' 
seventeen,  be,  and  hereby  are,  repealed,  from  and  after  the  thir-  Repealed    after 
tieth  day  of  June,  eighteen  hundred  and  twenty-two. 

SEC.  2.  And  be  it  further  enacted,  That,  on  the  day  and  On  the aoth  June, 
year  last  aforesaid,  all  moneys  which  may  remain  in  the  hands  l^aSLg^tiie 
of  the  Treasurer  of  the  United  States,  as  agent  of  the  war  and  hands  of  the  trea- 
navy  departments,  shall,  under  the  direction  of  the  secretaries  of  t 
those  departments,  respectively,  be  repaid  into  the  treasury,  and 
carried  to  the  credit  of  the  proper  department  upon  the  books  of  treasury,  &c. 
the  treasury. 

SEC.  3.  And  be  it  further  enacted,  That  all  moneys  appro-  An  moneys  for 
priated  for  the  use  of  the  war  and  navy  departments  shall,  from  the  use  of  the  war 

*,.,,,  *  •  5    i  e  ^      and  nayy  depart 

and  after  the  day  and  year  last  aforesaid,  be  drawn  from  thements,    to    be 


132 

1822.  treasury,  by  warrants  of  the  Secretary  of  the  Treasury,  upon  the 
drawn  by  warrant  requisitions  of  the  secretaries  of  those  departments,  respectively, 
of  the  treasSy^  countersigned  hy  the  second  comptroller  of  the  treasury,  and 
of  the'secretaries  ie^sterec^  Dv  the  pripper  auditor. 

of  war  and  navy,      SEC.  4.  And  be  it  further  enacted.  That  so  much  of  the 
so'much  of  act  said  act  of  the  third  day  of  March,  eighteen  hundred  and  sev- 
aa3?s^uhgnant;  cnteen,  as  is  repugnant  to  the  foregoing  provisions,  be,  and  is 
&c.  repeaied,&c.  hereby,  repealed,  from  and  after  the  thirtieth  day  of  June,  eigh- 
teen hundred  and  twenty-two. 
APPROVED,  May  7,  1822. 

NOTE. — In  the  appropriation  acts  passed  since  the  first  session  of  the  sev- 
enteenth Congress,  inclusive,  [1821— '22,]  there  is  a  proviso,  that  no  money 
shall  be  paid  to  any  person  who  is  in  arrears  to  the  United  States,  until  such  per- 
son has  paid  into  the  treasury  all  sums  for  which  he  may  be  liable.  The  account- 
ing officer,  on  demand  of  the  party  whose  pay  is  withheld,  is  to  report  to  the 
agent  of  the  treasury,  who  is  to  order  suit  within  sixty  days.  By  act  of  Jan. 
25,  1828,  this  proviso  was  changed  into  the  form  of  a  separate  law. 


AN  ACT  authorizing  an  additional  naval  force  for  the  suppression  of  piracy. 

[Obsolete.] 

SEC.  1.    Be  it  enacted,  fyc.,  That  the  President  of  the  Uni- 
tet^  States  ^e3  and  ne  hereby  is,  authorized  to  purchase  or  con- 
and  man  them  for  struct  a  sufficient  number  of  vessels,  in  addition  to  those  now 

immediate     ser-  .  .  1  .  1 

vice,  for  repress-  employed,  of  such  burthen  and  construction  as  he  may  deem 
p"oteSgytheac^  necessary,  and  to  fit,  equip,  and  man  the  same  for  immediate 
mZeer?eoaftheuIs"serv^ce)  *°r  lne  purpose  of  repressing  piracy,  and  of  affording 
in  the  gulf  of  effectual  protection  to  the  citizens  and  commerce  of  the  United 
-  States  in  the  Gulf  of  Mexico,  and  the  seas  and  territories  adjacent. 
appro-  SEC.  2.  And  be  it  further  enacted,  That  the  sum  of  one  hun- 
to  such  dred  and  sixty  thousand  dollars  be  appropriated  to  meet  the  ex- 

expenditure.l  ,.  f  .  f  .  , 

penditure  to  be  incurred  as  aforesaid,  and  paid  out  of  any  mo- 
ney in  the  treasury  not  otherwise  appropriated. 
APPROVED,  December  20,  1822. 


AN  ACT  in  addition  to  "  An  act  to  continue  in  force  '  An  act  to  protect  the 
commerce  of  the  United  States,  and  punish  the  crime  of  piracy,'  and,  also,  to 
make  further  provision  for  punishing  the  crime  of  piracy." 

1st,  2d,  3d,  and      Be  it  enacted,  fyc.,  That  the  first,  second,  third,  and  fourth 

of  3dSch,i8i9j  sections  of  an  act,  entitled  "  An  act  to  protect  the  commerce  of 

made  perpetual.  ^  Umted  States,  and  punish  the  crime  of  piracy,"  passed  on 

the  third  day  of  March,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  nineteen,  be,  and  the  same  are  hereby,  con- 

tinued in  force,  in  all  respects,  as  fully  as  if  the  said  sections 

had  been  enacted  without  limitation,  in  the  said  act,  or  in  the 

act  to  which  this  is  an  addition,  and  which  was  passed  on  the 

fifteenth  day  of  May,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  twenty. 

APPROVED,  January  30,  1823. 

AN  ACT  concerning  the  disbursement  of  public  money. 

SEC.  1.  Be  it  enacted,  fyc.,  That,  from  and  after  the  passing 
to  of  this  act,  no  advance  of  'public  money  shall  be  made  in  any 


133 

case  whatever;  but  in  all  cases  of  contracts  for  the  performance       1823. 
of  any  service,  or  the  delivery  of  articles  of  any  description,  for  be"inade  on  con- 
the  use  of  the  United  States,  payment  shall  not   [exeed]    ex-  payments  not  to 
ceed  the  value  of  the  service  rendered,  or  of  the  articles  deliv- 
ered  previously  to  such  payment :  provided,  that  it  shall  be 
lawful,  under  the  special  direction  of  the  President  of  the  Uni- 
ted States,  to  make  such  advances  to  the  disbursing"  officers  of  Advances  may  be 

»  i       r  •  i  t-   i          i  made  to  disburs- 

the  Government,  as  may  be  necessary  to  the  faithful  and  prompt  ing  officers,  and 
discharge  of  their  respective  duties,  and  to  the  fulfilment  of  the  jSo 
public  engagements  :   and  provided,  also,  that  the  President  of  stations. 
the  United  States  may  direct  such  advances,  as  he  may  deem 
necessary  and  proper,  to  such  persons  in  the  military  and  naval 
service  as  may  be  employed  on  distant  stations,  where  the  dis- 
charge of  the  pay  and  emoluments,  to  which  they  may  be  enti- 
tled, cannot  be  regularly  effected. 

SEC.  2.  And  be  it  further  enacted,  That  every  officer 
agent  of  the  United  States,  who  shall  receive  public  money  count    quarter- 
which  he  is  not  authorized  to  retain,  as  salary,  pay,  or  emolu-  ye 
ment,  shall  render  his  accounts,  quarter-yearly,  to  the  proper  ac- 
counting officers  of  the  treasury,  with  the  vouchers  necessary 
to    the   correct  and  prompt  settlement  thereof,  within   three 
months,  at  least,  after  the  expiration  of  each  successive  quarter, 
if  resident  within  the  United  States ;  and  within  six  months  if 
resident  in  a  foreign  country  :  provided,  that  nothing  herein 
contained  shall  be  construed  to  restrain  the  secretaries  of  any  of  secretaries  may 
the  departments  from  requiring  such  returns  from  any  officer  or  JJJ^J    returns 
agent,  subject  to  the  control  of  such  secretaries,  as  the  public 
interest  may  require. 

SEC.  3.  And  be  it  further  enacted.  That  every  officer  or  °Jice,rs  or  ag^nls 

/.    -I        I-T    •       -i   /-i  i  i      i-,        n*       i  •  i  •    offending  against 

agent  of  the  United  States,  who  shall  offend  against  the  provi-  the  preceding 
sions  of  the  preceding  sections,  shall,  by  the  officer  charged  JrompSy  report- 
with  the  direction  of  the  department  to  which  such  offending  *jn^^5^J^ 
officer  is  responsible,  be  promptly  reported  to  the  President  ofed  from  the  pub- 

,1        TT    •       i   c»  i     i-         •         T \    r  i  IT  •  lie  service;    but 

the  United  States,  and  dismissed  from  the  public  service  :  pro-  may  be  continued 
mded,  that  in  all  cases  where  any  officer,  in  default  as  afore-  j^JJJ  sSactS 
said,   shall  account   to  the    satisfaction  of   the  President   forrUy- 
such  default,  he  may  be  continued  in  office,  any  thing  in  the 
foregoing  provision  to  the  contary  notwithstanding. 

SEC.  4.  And  be  it  further  enacted,  That  no  security  given  NO  security  given 

,.         .  J  ,    .  .  *    •    '*~t  i      ii  i      to>  or  obligations 

to,  or  obligation  entered  into  with,  the  Government,  shall  be  entered  into  with 
in  any  wise  impaired,  by  the  dismissing  any  officer,  or  from 
failure  of  the  President  to  dismiss  any  officer,  coming  under  the 
provisions  of  this  act. 

APPROVED,  January  31,  1823. 


AN  ACT  in  addition  to  the  act,  entitled  "  An  act  for  the  prompt  settlement  of 
public  accounts,"  and  for  the  punishment  of  the  crime  of  perjury. 

SEC.  3.  And  be  it  further  enacted,  That  if  any  person  shall 
swear  or  affirm  falsely,  touching  the  expenditure  of  public  mo-  fer  as'for 

or  in  support  of  any  claim  against  the  United  States,  he  [U1f(yfc0rrupt  per" 


134 

1823.       or  she  shall,  upon  conviction  thereof,  suffer  as  for  wilful  and 
~~  corrupt  perjury. 

APPROVED,  March  1,  1823. 


AN  ACT  respecting  the  punishment  of  piracy. 

District  courts  to  £>e  it  enacted,  $*c.,  That,  from  and  after  the  passage  of  this 
Spkacygnizance  act>  ^  district  courts  of  the  United  States,  in  districts  where  no- 
circuit  courts  are  holden,  shall  have  cognizance  of  all  cases 
arising  under  an  act  of  Congress,  approved  May  fifteenth,  one 
thousand  eight  hundred  and  twenty,  entitled  "  An  act  to  continue 
in  force  an  act  to  protect  the  commerce  of  the  United  States, 
and  punish  the  crime  of  piracy ;  and,  also,  to  make  further 
provision  for  punishing  the  crime  of  piracy,77  and  shall  have 
the  same  power  and  jurisdiction  therein,  as  the  circuit  courts  of 
the  United  States,  under  the  same  act. 

APPROVED,  March  3,  1823. 


RESOLUTION  to  direct  the  withholding  of  the  compensation  of  certain  prize 

agents. 

compensation  to      Resolved,  $*c.,  That,  from  and  after  the  first  day  of  July 

certain^prize^a"  next  ensuing,  no  prize  agent,  who  has  not  accounted  for  the 

gents.  prize  moneys  with  which  he  has  heretofore  been  entrusted  for 

the  benefit  of  the  officers  and  crews  of  any  public  armed  vessel 

or  vessels  of  the  United  States,  shall  receive  from  the  treasury 

of  the  United  States  any  salary  or  compensation  to  which  he 

may  be  entitled,  until  he  shall  have  accounted  for,  or  repaid 

into  the  treasury,  all  sums  so  entrusted  to  him  for  disbursement. 

APPROVED,  March  3,  1823. 


AN  ACT  further  extending  the  term  of  half  pay  pensions  to  the  widows  and 
children  of  officers,  seamen,  and  marines,  who  died  in  the  public  service. 

The  term  of  half     SEC.  1.  Be  it  enacted,  $*c.,  That  in  all  cases  where  provi- 
SSiowrT^offu  si°n  has  Deen  made  by  law  for  five  years7  half  pay  to  the  wi- 
thT'  ^uwic^ser1  ^ows  anc^  children  of  officers,  seamen, "and  marines,  who  were 
vice, extended,    killed  in  battle,  or  who  died  in  the  naval  service  of  the  United 
States,  during  the  late  war ;  and,  also,  in  all  cases  where  provi- 
sion has  been  made  for  extending  the  term  for  five  years,  in  ad- 
dition to  the  first  term  of  five  years,  the  said  provision  shall  be 
further  extended  for  an  additional  term  of  five  years,  to  com- 
mence at  the  end  of  the  second  term  of  five  years,  in  each  case, 
respectively,  making  the  provision  equal  to  fifteen  years7  half 
pay ;  which  shall  be  paid  out  of  the  fund  heretofore  provided 
by  law :  and  the  said  pensions  shall  cease,  for  the  causes  men- 
tioned in  the  laws  providing  the  same,  respectively. 

SEC.  2.  And  be  it  further  enacted^  That,  from  and  after  the 
passing  of  this  act,  the  act,  entitled  "  An  act  to  amend  and  ex- 
plain an  act  giving  pensions  to  the  orphans  and  widows  of  per- 
sons slain  in  the  public  or  private  armed  vessels  of  the  United 


135 

States,"  passed  March  the  third,  one  thousand  eight  hundred        1824. 
and  seventeen,  be,  and  the  same  is  hereby,  repealed  :  provided,  Act  of  3d  March,, 
however,  that  nothing  in  this  act  contained  shall  be  construed  p8rov'i3oe.peale<L 
to  prevent  the  payment  of  any  pension  already  granted,  until 
the  full  expiration  of  the  period  thereof;  nor  to  affect  or  impair 
the  rights  of  any  person  or  persons  which  may  have  accrued 
during  the  existence  of  the  act  hereby  repealed,  as  aforesaid. 
APPROVED,  January  22,  1824. 

AN  ACT  extending  the  term  of  pensions  granted  to  persons  disabled,  and  to 
the  widows  and  orphans  of  those  who  have  been  slain,  or  who  have  died,  in 
consequence  of  wounds  or  casualties,  received  while  in  the  line  of  their  duty, 
on  board  the  private  armed  ships  of  the  United  States,  during  the  late  war. 

[Extended  for  the  further  term  of  five  years,  by  act  of  May  23,  1828.] 
Be  it  enacted,  fyc.,  That  (he  pensions  of  all  persons,  wri°  Acts  of  4th 
now  are  in  the  receipt  thereof,  under  the  provisions  of  the  fol-  isw,  and  i6th?r 
lowing  laws  of  the  United  States,  or  either  of  them,  to  wit :  an  ^Eded.1818'  e 
act  passed  March  fourth,  one  thousand  eight  hundred  and  four- 
teen, entitled  "  An  act  giving  pensions  to  the  orphans  and  wi- 
dows of  persons  slain  in  the  public  or  private  armed  vessels  of 
the  United  States ;"  and  an  act  passed  April  sixteenth,  one 
thousand  eight  hundred  and  eighteen,  entitled  "  An  act  in  ad- 
dition to  an  act  giving  pensions  to  the  orphans  and  widows  of 
persons  slain  in  the  public  or  private  armed  vessels  of  the  United 
States ;"  so  far  as  regards  persons  receiving  pensions  from  the 
fund  arising  from  captures  and  salvage,  made  by  the  private 
armed  vessels  of  the  United  States,  be,  and  the  same  are  here- 
by, continued,  under  the  restrictions  and  regulations  in  the  said 
acts  contained,  for  and  during  the  additional  term  of  five  years, 
from  and  after  the  period  of  the  expiration  of  the  said  pensions, 
respectively  :  provided,  however,  that  the  said  pensions  shall  Proviso .  without 
alone  be  paid  from  the  proceeds  of  the  privateer  pension  fund,  so  recourse  to  u.  s, 
called,  and  without  recourse  to  the  United  States  for  any  defi- 
ciency, (should  such  occur,)  which  may  hereafter  arise  thereon  : 
and  provided,  further,  that  no  pension  shall  be  paid  to  any 
such  widow  after  her  intermarriage,  nor  to  any  orphan  children 
of  such  officer,  seamen^  or  marines,  after  they  shall  have  at- 
tained the  age  of  sixteen  years. 
APPROVED,  April  9,  1 824. 

AN  ACT  authorizing  an  examination  and  survey  of  the  harbor  of  Charleston, 
in  South  Carolina,  of  St.  Mary's,  in  Georgia,  and  of  the  coast  of  Florida,  and 
for  other  purposes. 

[Obsolete.] 

Be  it  enacted,  fyc.,  That  the  Secretary  of  the  Navy  be,  and  The  secretary  of 
he  is  hereby,  authorized  to  cause  to  be  made,  an  examination  [zed'tohave^S- 
and  survey  of  the  harbors  of  Charleston,  in  South  Carolina,  and  yeved  *e  har- 

r*      -HIT         •>       •      /-<  ••  f  i  T  «.  i      bors  of  Charlea- 

bt.  Marys,  in  Georgia,  in  reference  to  the  expediency  of  estab-  ton,  s.  c.  andst. 
lishing  a  navy  yard  at  either  of  those  places,  for  the  build  ing  ^a,ry'form 
and  repairing  sloops  of  war  and  other  vessels  of  an  inferior  purposes. 
class  ;  and,  also,  to  cause  to  be  made  and  perfected  an  exami- 


136 

1824.      nation  and  survey  of  the  harbor  of  Pensacola,  and  the  coast  of 
~~  Florida,  in  order  to  ascertain  the  expediency  of  establishing  a 
naval  depot  at  Pensacola,  or  at  such  place  in  the  vicinity  of  it, 
as  may  be  most  advantageous  to  the  United  States ;  arid  that 
the  sum  of  five  thousand  dollars  be,  and  the  same  is  hereby, 
appropriated,  for  the  purposes  aforesaid,  out  of  any  money  in 
the  treasury  not  otherwise  appropriated. 
APPROVED,  May  26,  1824. 

AN  ACT  to  revive  and  extend  the  term  of  certain  pensions  which  have  ex- 
pired by  limitation. 

Pensions  paid  out  Be  it  enacted,  fyc.,  That  the  pensions  heretofore  granted,  and 
of  the  privateer  paid  out  of.the  privateer  pension  fund,  to  the  widows  and  or- 

pension  fund,  and L  ,  .,  ,       L  ~.  .  -.    . 

the  terms  for  phans  of  such  officers,  seamen,  and  marines,  as  were  slain,  or 
SvKnS^exten- died  in  consequence  of  wounds,  or  casualties,  received,  while 
ded-  in  the  line  of  their  duty,  on  board  the  private  armed  ships  of 

the  United  States,  and  the  terms  for  the  payment  of  which  had 
expired  by  limitation,  before  the  ninth  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty-four,  be, 
and  the  same  are  hereby,  revived  and  extended  to  such  wi- 
dows and  orphans,  with  all  the  advantages,  and  in  the  same 
manner,  as  if  their  respective  terms  had  not  expired  ;  subject  to 
the  provisions,  restrictions,  and  limitations  of  an  act,  passed  the 
ninth  day  of  April,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  twenty-four,  entitled  "  An  act  extending  the  term 
of  pensions  granted  to  persons  disabled,  and  to  the  widows  and 
orphans  of  those  who  have  been  slain,  or  who  have  died  in 
consequence  of  wdlmds,  or  casualties,  received,  while  in  the 
line  of  their  duty,  on  board  the  private  armed  ships  of  the  Uni- 
ted States,  during  the  late  war." 

APPROVED,  May  26,  1824. 

AN  ACT  to  authorize  the  building  of  ten  sloops  of  war,  and  for  other  pur- 


[Obsolete.] 

SEC'  1-  Be  it  enacted,  fyc.,  That  the  President  of  the  United 
numberof  sloops  States  be,  and  he  is  hereby,  authorized  to  cause  to  be  built,  in 
Seeding' ten.1  ex"  addition  to  the  present  naval  force  of  the  United  States,  a  num- 
ber of  sloops  of  war,  not  exceeding  ten,  to  carry  not  less  than 
twenty  guns  each,  of  such  description  and  weight  of  metal  as 
the  President  may  direct ;  and  that  the  sum  of  five  hundred 
thousand  dollars  be,  and  the  same  is  hereby,  appropriated,  for 
the  aforesaid  purpose,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

The  whole  or  a  SEC.  2.  And  be  it  further  enacted,  That  the  President  of 
partof  the  vessels  the  United  States  be,  and  he  is  hereby,  authorized  to  cause  to 

purchased  under,  ,,  ,.  ,.  *  1111-1 

the  act  for  sup- be  sold,  at  such  time,  and  in  such  manner,  as  he  snail  judge 
SnTthf  whoiTofbest  for  the  public  interest,  the  whole,  or  a  part,  of  the  vessels 
uponuiakesea?e8  wnicn  were  purchased  under  the  authority  of  the  act,  entitled 
Ontario,  &c.  to  be "  An  act  authorizing  an  additional  naval  force  for  the  suppres- 


13T 

sion  of  piracy ;"  also,  the  whole  of  the  public  vessels  upon  lakes       1825. 
Erie,  Ontario,  and  Champlain,  except  the  ships  of  the  line  sou, with  the  ex- 
New  Orleans  and  Chippewa,  now  on  the  stocks,  under  cover,  SpTof  the  iSl 
at  Sackett's  Harbor. 

SEC.  3.  And  be  it  further  enacted.  That  the  proceeds 
such  sales  shall  be  applied,  under  the  direction  of  the  President  to  S 
of  the  United  States,  to  the  repairs  and  building  of  sloops  of  ofslo°Psof 
war,  which  have  been,  or  may  be,  authorized  to  be  built. 

APPROVED,  March  3,  1825. 


AN  ACT  authorizing  the  establishment  of  a  navy  yard  and  depot,  on  the 

coast  of  Florida,  in  the  Gulf  of  Mexico. 

[Obsolete.] 

Be  it  enacted,  <$*c.,  That  the  President  of  the  United  States  u?s.  authorized 
be,  and  he  is  hereby,  authorized  to  select  and  purchase  a  site  ^navyV^rd^I 
for  a  navv  yard  and  depot,  on  the  coast  of  Florida,  in  the  Gulf  depot,  on  the 

«•**•••-•%  i      i      •  i  T  i  i-         coast  of  Florida. 

of  Mexico,  and  to  erect  such  buildings,  and  make  such  im- 
provements thereon,  as  he  may  judge  necessary  for  the  accom- 
modation and  supply  of  the  United  States'  vessels  of  war  in 
that  quarter  ;  and  that  the  sum  of  one  hundred  thousand  dol- 
lars be  appropriated,  for  effecting  that  object,  out  of  any  moneys 
in  the  treasury  nofr  otherwise  appropriated. 
APPROVED,  March  3,  1825. 

AN  ACT  more  effectually  to  provide  for  the  punishment  of  certain  crimes 
against  the  United  States,  and  for  other  purposes. 

SEC.  1.  Be  it  enacted,  fyc.,  That  if  any  person  or  persons,  Any  person  with- 
within  any  fort,  dock  yard,  navy  yard,  arsenal,  armory,  or  maga- 


zine,the  site  whereof  is  ceded  to,  and  under  the  jurisdiction  of,  the  JJJ1™,,^  ?0Wsuf~ 

° 


United  States,  or  on  the  site  of  any  light-house,  or  other  needful 
building  belonging  to  the  United  States,  the  site  whereof  is 
ceded  to  them,  and  under  their  jurisdiction,  as  aforesaid,  shall, 
wilfully  and  maliciously,  burn  any  dwelling  house,  or  man- 
sion, house  or  any  store,  barn,  stable,  or  other  building,  parcel 
of  any  dwelling  or  mansion  house,  every  person,  so  offending, 
his  or  her  counsellors,  aiders,  and  abettors,  shall  be  deemed 
guilty  of  felony,  and  shall,  on  conviction  thereof,  suffer  death. 

SEC.  2.  And  be  it  further  enacted,  That  if  any  person  or  Any  person  wii- 
persons,  in  any  of  the  places  aforesaid,  shall,  wilfully  and  ma-  £^ysl^"nai?5 
liciously,  set  fire  to,  or  burn,  any  arsenal,  armory,  magazine,  be  fined  and  i'm- 

*,,        ,  .      ,  t  •         -  J     i  I  prisoned. 

rope-walk,  snip-house,  warehouse,  block-house,  or  barrack,  or 
any  store-house,  barn,  or  stable,  not  parcel  of  a  dwelling  house, 
or  any  other  building  not  mentioned  in  the  first  section  of  this 
act,  or  any  ship  or  vessel,  built  or  building,  or  begun  to  be 
built,  or  repairing,  or  any  light-house,  or  beacon,  or  any  timber, 
cables,  rigging,  or  other  materials  for  building,  repairing,  or  fit- 
ting out,  ships,  or  vessels,  or  any  pile  of  wood,  boards,  or  other 
lumber,  or  any  military,  naval,  or  victualling  stores,  arms,  or 
other  munitions  of  war,  every  person  so  offending,  his  or  her 
counsellors,  aiders,  and  abettors,  shall  be  deemed  guilty  of  felo- 


138 

1825.       ny,  and  shall,  on  conviction  thereof,  be  punished  by  fine,  not 
~  exceeding   five   thousand  dollars,  and  by  imprisonment  and 

confinement  to  hard  labor,  not  exceeding  ten  years,  according 

to  the  aggravation  of  the  offence. 

Any  offence  com-  SEC.  3.  And  be  it  further  enacted.  That  if  any  offence  shall 
Se^forSaS'pia- be  committed  in  any  of  the  places  aforesaid,  the  punishment  of 
mentor  which ^  which  offence  is  not  specially  provided  for  by  any  law  of  the 
not  provided  for  United  States,  such  offence  shall,  upon  a  conviction  in  any 
other  iaw°of  ale  court  of  the  United  States  having  cognizance  thereof,  be  liable 
ronvlctionta'any  to,  and  receive,  the  same  punishment  as  the  laws  of  the  State 
Seau  thwith°f'ace  m  wni°n  sucn  f°rt>  dock  yard,  navy  yard,  arsenal,  armory,  or 
cording  to  the  magazine,  or  other  place,  ceded  as  aforesaid,  is  situated,  pro- 
ate*  vide  for  the  like  offence,  when  committed  within  the  body  of 

any  county  of  such  State. 

Murder  on  the  SEC.  4.  And  be  it  further  enacted,  That  if  any  person  or 
S?yh  aSrmS'of°rtne  persons,  upon  the  high  seas,  or  in  any  arm  of  the  sea,  or  in  any 
sea,  within  the  river  haven,  creek,  basin,  or  bay,  within  the  admiralty  and  ma- 

junsdictionoftbe     ..'..'.  «•»..*«  .    i        •       •    T 

u.s.  punishable  riti me  jurisdiction  of  the  United  States,  and  out  of  the  jurisdic- 
tion of  any  particular  State,  -shall  commit  the  crime  of  wilful 
murder,  or  rape,  or  shall,  wilfully  and  maliciously,  strike,  stab, 
wound,  poison,  or  shoot  at,  any  other  person,  of  which  striking, 
stabbing,  wounding,  poisoning,  or  shooting,  such  person  shall 
afterwards  die,  upon  land,  within  or  without  the  United'  States, 
every  person  so  offending,  his  or  her  counsellors,  aiders,  or  abet- 
tors, shall  be  deemed  guilty  of  felony,  and  shall,  upon  convic- 
tion thereof,  suffer  death. 

Any  offence  com-      SEC.  5.    And  be  it  further  enacted.  That  if  any  offence 

nutted  on  board    ,      ,,  ,  .        -i  i  •  •  •  i      i     i          • 

any  ship  or  ves-  shall  be  committed  on  board  of  any  ship  or  vessel,  belonging 
?cSnglofgthe to  any  citizen  or  citizens  of  the  United  States,  while  lying  in  a 
port Swit£ne the  Port  or  P^ace  within  the  jurisdiction  of  any  foreign  state  or 
jurisdiction  of  any  sovereign,  by  any  person  belonging  to  the  company  of  said  ship, 
an^perS6'  be^  or  any  passenger,  on  any  other  person  belonging  to  the  compa- 
trbgenfognizabie'  ny  °^  sa^  smP?  or  anJ  other  passenger,  the  same  offence  shall 
&c.  by  the  proper  be  cognizable  and  punishable  by  the  proper  circuit  court  of  the 

court  of  the  U.  S.  TT    .    &.    ^  J  , 

United  fetates,  in  the  same  way  and  manner,  and  under  the 
same  circumstances,  as  if  said  offence  had  been  committed  on 
board  of  such  ship  or  vessel  on  the  high  seas,  and  without  the 
Proviso.  jurisdiction  of  such  foreign  sovereign  or  state  :  provided,  al- 

ways, that  if  such  offender  shall  be  tried  for  such  offence,  and 
acquitted  or  convicted  thereof,  in  any  competent  court  of  such 
foreign  state  or  sovereign,  he  shall  not  be  subject  to  another 
trial  in  any  court  of  the  United  States. 

Punishment  of  SEC.  6.  And  be  it  further  enacted,  That  if  any  person  or 
upon^th"  Til-h  Persons)  upon  the  high  seas,  or  in  any  arm  of  the  sea,  or  in 
seas,  shall,  by  any  river,  haven,  creek,  basin,  or  bay,  within  the  admiralty  and 
KeTattackTny  maritime  jurisdiction  of  the  United  States,  and  out  of  the  juris- 
iJiginrgVtoSthebu"  diction  of  any  particular  State,  shall,  by  surprise,  or  by  open 
s.  or  to  any  cm- force  or  violence,  maliciously  attack,  or  set  upon,  any  ship  or 

zen  thereof,  with  ,   ,     ,  '.          ,      ,          J  TT     •       i  o 

an  intent  to  pi  un- vessel  belonging  in  whole  or  part  to  the  United  btates,  or  to  any 
citizen  or  citizens  thereof,  or  to  any  other  person  whatsoever, 
with  an  intent  unlawfully  to  plunder  the  same  ship  or  vessel, 


139 

or  to  despoil  any  owner   or  owners  thereof  of  any  moneys,       1S25. 
goods,  or  merchandize,  laden  on  board  thereof,  every  person  so  ~~ 
offending,  his  or  her  counsellors,  aiders,  or  abettors,  shall  be 
deemed  guilty  of  felony;  and  shall,  on  conviction  thereof,  be 
punished  by  fine,  not  exceeding  five  thousand  dollars,  and  by 
imprisonment  and  confinement  to  hard  labor,  not  exceeding 
ten  years,  according  to  the  aggravation  of  the  offence. 

SEC.  7.  And  be  if  further  enacted,  That  if  any  person  or  or  any  person 
persons,  upon  the  high  seas,  or  in  any  other  of  the  places  afore- 
said,  with  intent  to  kill,  rob,  steal,  commit  a  rape,  or  to  do  or 
perpetrate  any  other  felony,  shall  break  or  enter  any  ship  or 
vessel,  boat  or  raft;  or  if  any  person  or  persons  shall,  wilfully 
and  maliciously,  cut,  spoil,  or  destroy,  any  cordage,  cable, 
buoys,  buoy-rope,  headfast,  or  other  fast,  fixed  to  any  anchor 
or  moorings,  belonging  to  any  ship,  vessel,  boat,  or  raft ;  every 
person  so  offending,  his  or  her  counsellors,  aiders,  and  abettors, 
shall  be  deemed  guilty  of  felony,  and  shall,  on  conviction 
thereof,  be  punished  by  fine,  not  exceeding  one  thousand  dol- 
lars, and  by  imprisonment  and  confinement  to  hard  labor,  not 
exceeding  five  years,  according  to  the  aggravation  of  the  offence. 

SEC.  8.  And  be  it  f Hither  enacted.  That  if  any  person  or  or  any  person 
persons,  upon  the  high  seas,  or  in  any  of  the  places  aforesaid, 
shall  buy,  receive,  or  conceal,  or  aid  in  concealing,  any  money, 
goods,  bank  notes,  or  other  effects  or  things  which  may  be  the  larceny. 
subject  of  larceny,  which  have  been  feloniously  taken  or  stolen, 
from  any  other  person,  knowing  the  same  to  have  been  taken 
or  stolen,  every  person,  so  offending,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  may  be  prosecuted  therefor,  although  the 
principal  offender  chargeable,  or  charged,  with  the  larceny,  shall 
not  have  been  prosecuted  or  convicted  thereof;  and  shall,  on 
conviction  thereof,  be  punished  by  fine,  not  exceeding  one 
thousand  dollars,  and  imprisonment  and  confinement  to  hard 
labor,  not  exceeding  three  years,  according  to  the  aggravation 
of  the  offence. 

SEC.  9.  And  be  it  further  enacted,  That  if  any  person  or  or  any  person 
persons  shall  plunder,  steal,  or  destroy,  any  money,  goods,  ^straf/o^de- 
rnerchandize,  or  other  effects,  from  or  belonging1  to  any  ship  or  str°V  any'money, 

fj.  i   •    i        i      11    i         •         T  1-1    goods,     &c.    be- 

vessel,  or  boat,  or  raft,  which  shall  be  in  distress,  or  which  longin?  to  any 
shall  be  wrecked,  lost,  stranded,  or  cast  away,  upon  the  sea,  or 
upon  any  reef,  shoal,  bank,  or  rocks,  of  the  sea,  or  in  any  other 
place  within  the  admiralty  and  maritime  jurisdiction  of  the 
United  States ;  or  if  any  person  or  persons  shall  wilfully  ob- 
struct the  escape  of  any  person  endeavoring  to  save  his  or  her 
life  from  such  ship  or  vessel,  boat  or  raft,  or  the  wreck  thereof, 
or,  if  any  person  or  persons  shall  hold  out,  or  show,  any  false 
light,  or  lights,  or  extinguish  any  true  light,  with  intention  to 
bring  any  ship  or  vessel,  boat  or  raft,  being  or  sailing  upon  the 
sea,  into  danger  or  distress,  or  shipwreck ;  every  person  so  of- 
fending, his  or  her  counsellors,  aiders,  and  abettors,  shall  be 
deemed  guilty  of  felony,  and  shall,  on  conviction  thereof,  be 
punished  by  fine,  not  exceeding  five  thousand  dollars,  and  im- 


140 

1825.       prisonraent  and  confinement  to  hard  labor,  not  exceeding  ten 

~~  years,  according  to  the  aggravation  of  the  offence. 

or  any  master  or  SEC.  10.  And  be  it  further  enacted,  That  if  any  master  or 
an™sSpdof  ves- commander  of  any  ship  or  vessel,  belonging  in  whole,  or  in 
wL?eelo?l£gParnt  Part? to  anv  citizen  or  citizens  of  the  United  States,  shall,  dur- 
to  a  citizen  or  ci- ing  his  being  abroad,  maliciously,  and  without  justifiable 

tizcns  of  tli6   U«  /•  /v»  •  /*  ii"  i 

s.  while  abroad,  cause,  force  any  officer,  or  manner,  of  such  ship  or  vessel,  on 
any0  officer/Tc!  shore,  or  leave  him  behind,  in  any  foreign  port  or  place,  or  re- 
hirn^behindinan6  ^use  to  bring  nome  again  all  such  of  the  officers  and  mariners, 
foreign  port  or  of  such  ship  or  vessel,  whom  he  carried  out  with  him,  as  are 
in  a  condition  to  return,  and  willing  to  return,  when  he  shall 
be  ready  to  proceed  in  his  homeward  voyage,  every  master  or 
commander,  so  offending,  shall,  on  conviction  thereof,  be  pun- 
ished by  fine,  not  exceeding  five  hundred  dollars,  or  by  im- 
prisonment, not  exceeding  six  months,  according  to  the  aggra- 
vation of  the  offence. 

of  any   person      SEC.  11.  And  be  it  further  enacted,  That  if  any  person 

tingfuon'  fire'  any  O1  persons  shall,  wilfully  and  maliciously,  set  on  fire,  or  bum, 

thepu  FSafloat or  otnerwise  destroy,  or  cause  to  be  set  on  fire,  or  burnt,  or 

on6 the  high  seas,  otherwise  destroyed,  or  aid,  procure,  abet,  or  assist  in  setting  on 

seaTw?tiSa°f Se  fire?  or  burning,  or  otherwise  destroying,  any  ship  or  vessel  of 

SMr  tile'tt  war  of  tne  United  States,  afloat  on  the  high  seas,  or  in  any  arm 

states.  of  the  sea,  or  in  any  river,  haven,  creek,  basin,  or  bay,  within 

the  admiralty  jurisdiction  of  the  United  States,  and  out  of  the 

jurisdiction  of  any  particular  State,  every  person  so  offending 

shall  be  deemed  guilty  of  felony,  and  shall,   on  conviction 

Proviso.  thereof,  suffer  death  :  provided,  that  nothing  herein  contained 

shall  be  construed  to  take  away  or  impair  the  right  of  any  court 

martial  to  punish  any  offence,  which,  by  the  law  of  the  United 

States,  may  be  punishable  by  such  court. 

of  any  officer  of  SEC.  12.  And  be  it  further  enacted,  That  if  any  officer 
g^ity' ofwehx°tor-of  tne  United  States  shall  be  guilty  of  extortion,  under  or  by 
uon.  color  of  his  office,  every  person  so  offending,  shall,  on  convic- 

tion thereof,  be  punished  by  fine,  not  exceeding  five  hundred 
dollars,  or  by  imprisonment,  not  exceeding  one  year,  according 
to  the  aggravation  of  the  offence. 

Forgery  of  letters  SEC.  18.  And  be  it  further  enacted,  That  if  any  person  or 
ceiave0pensionror  persons  shall  falsely  make,  forge,  or  counterfeit,  or  cause  or  pro- 
wa«esm°ney'  °r  cule  to  ^e  feisty  made,  forged,  or  counterfeited,  or  willingly 
aid  or  assist  in  falsely  making,  forging,  or  counterfeiting,  any 
paper,  writing,  or  instrument,  in  imitation  of,  or  purporting  to 
be,  any  letter  of  attorney,  or  other  authority  or  instrument  to 
*****  receive  any  pension,  prize  money,  wages,  or 
other  debt  or  sum  of  money  due,  or  to  become  due,  from  the 
United  States ;  or  shall  forge  or  counterfeit,  or  cause  or  procure 
to  be  forged  or  counterfeited,  or  willingly  aid  or  assist  in  forging 
or  counterfeiting,  the  name  or  names  of  any  of  the  holders  or 
proprietors  of  any  such  *  *  *  pension,  prize  money, 

wages,  or  other  debt  or  sum  of  money  as  aforesaid,  in  or  to  any 
such  pretended  letter  of  attorney,  authority,  or  instrument ;  or 
shall,  knowingly  and  fraudulently,  demand,  or  endeavor  to 


141 

have  or  obtain,  such    *  *     *    pension,  prize  money,       1825. 

wages,  or  other  debt  or  sum  of  money,  or  any  part  thereof,  to  ~~ 
be  received  or  paid,  by  virtue  of  any  such  false,  forged,  or  coun- 
terfeited letter  of  attorney,  authority,  or  instrument;   or  shall, 
falsely  and  deceitfully,  personate  any  true  or  real  proprietor  or 
holder  of  such  *     *  ^  pension,  prize  money,  wages, 

or  other  debt  or  sum  of  money,  as  aforesaid,  and  thereby  trans- 
ferring, or  endeavoring  to  transfer,  *  *  *  *  or  receiv- 
ing, or  endeavoring  to  receive,  the  money  of  such  true  or  law- 
ful holder  or  proprietor  thereof,  or  the  money  of  such  person  or 
persons,  really  and  truly  entitled  to  receive  such  *  *  *  pen- 
sion, prize  money,  wages,  or  other  debt,  or  sum  of  money,  as 
aforesaid,  as  if  such  offender  were  the  true  and  lawful  owner 
thereof,  and  entitled  thereto ;  every  person,  so  offending,  shall 
be  deemed  guilty  of  felony,  and  shall,  on  conviction  thereof,  be  p 
punished  by  fine,  not  exceeding  five  thousand  dollars,  and  by  therefor.6* 
imprisonment  and  confinement  to  hard  labor,  not  exceeding  ten 
years,  according  to  the  aggravation  of  the  offence. 

SEC.  22.  And  be  it  further  enacted,  That  if  any  person  or  or  a  person 
pei'sons,  upon  the  high  seas,  or  in  any  arm  of  the  sea,  or  in  any  us?nhilhda 
river,  haven,  creek,  basin,  or  bay,  within  the  admiralty  juris-  weapon  aan 
diction  of  the  United  States,  and  out  of  the  jurisdiction  of  any  ™'      to  kill'&c> 
particular  State,  on  board  any  vessel  belonging  in  whole,  or  in 
part,  to  the  United  States,  or  any  citizen  or  citizens  thereof, 
shall,  with  a  dangerous  weapon,  or  with  intent  to  kill,  rob, 
steal,  or  to  commit  a  mayhem,  or  rape,  or  to  perpetrate  any 
other  felony,  commit  an  assault,  on  another,  such  person  shall, 
on  conviction  thereof,  be  punished  by  fine,  not  exceeding  three 
thousand  dollars,  and  by  imprisonment  and  confinement  to  punishment, 
hard  labor,  not  exceeding  three  years,  according  to  the  aggrava- 
tion of  the  offence. 

SEC.  23.  And  be  it  further  enacted,  That  if  any  person  or°ufiltany.  Cp0enrg°f 
persons  shall,  on  the  high  seas,  or  within  the  United  States,  Scyf&c.001 
wilfully  and  corruptly  conspire,  combine,  and  confederate,  with 
any  other  person  or  persons,  such  other  person  or  persons  be- 
ing either  within  or  without  the  United  States,  to  cast  away, 
burn,  or  otherwise  destroy,  any  ship  or  vessel,  or  to  procure  the 
same  to  be  done,  with  intent  to  injure  any  person,  or  body  po- 
litic, that  hath  underwritten,  or  shall  thereafterwards  under- 
write, any  policy  of  insurance  thereon,  or  on  goods  on  board 
thereof,  or  with  intent  to  injure  any  person,  or  body  politic, 
that  hath  lent  or  advanced,  or  thereafter  shall  lend  or  advance, 
any  money  on  such  vessel,  on  bottomry  or  respondentia,  or 
shall,  within  the  United  States,  build  or  fit  out,  or  aid  in  build- 
ing or  fitting  out,  any  ship  or  vessel,  with  intent  that  the  same 
shall  be  cast  away,  burnt,  or  destroyed,  for  the  purpose  or  with 
the  design  aforesaid,  every  person,  so  offending,  shall,  on  con- 
viction thereof,  be  deemed  guilty  of  felony,  and  shall  be  pun- 
ished by  fine,  not  exceeding  ten  thousand  dollars,  and  by  irn-  Punishment 
prisoatnent  and  confinement  to  hard  labor,  not  exceeding  ten 
years. 


142 

1826.  SEC.  25.  And  be  it  further  enacted,  That  all  acts,  and  parts 
AH  acu  inconsis-  of  acts,  inconsistent  with  the  provisions  of  this  act,  shall  be, 
pee"S.th  thls'  re"  and  the  same  are  hereby,  repealed:  provided,  nevertheless, 

Proviso. 


i  k 

force  for  the  punishment  of  all  offences  committed  before  the 
passing  of  this  act. 
Nothing  in  this      SEC.  26.  And  be  it  further  enacted,  That  nothing  in  this 

act  to  be  constru-  .         i     i     »»  «  -,  -,         »  '         i 

ed  so  as  to  de-  act  contained  shall  be  construed  to  deprive  the  courts  of  the  m- 
o?toe8i?juifcd£  dividual  States,  of  jurisdiction,  under  the  laws  of  the  several 
tion-  States,  over  offences  made  punishable  by  this  act. 

APPROVED,  March  3,  1825. 

[The  remaining  sections,  and  parts  of  sections,  of  this  act,  do  not  refer  to  mili- 
tary crimes.] 

AN  ACT  supplementary  to  "  An  act  for  the  gradual  increase  of  the  navy  of 
the  United  States." 

The  President  to      £e  a  enacted,  frc.,  That  the  President  of  the  United  States 

•cause   the  build-  .     ,  1-1  11      -IT  />  /•      i          i  • 

in?  of  one  of  the  is  hereby  authorized  to  cause  the  building  of  one  of  the  ships, 

S^IStft?^  authorised  by  the  act  for  the  gradual  increase  of  the  navy  of 

ofatdhealnavictoabe  tne  United  States,  to  be  suspended,  and  the  timber  for  the  same 

nupendedf  &  to  to  be  laid  up  and  secured.     And  he  is  hereby  further  authoriz- 

K«rhathanne  ale  ed,  if,  in  his  opinion,  the  same  can  be  done  on  advantageous 

thnoriScltaoSsabe  terms  to  the  United  States,  to  cause  to  be  purchased,*  for  the 

buiit  by  that  act.  United  States,  a  ship  of  not  less  than  the  smallest  class  autho- 

rized to  be  built  by  the  said  act  ;  and  for  carrying  such  purchase 

into  effect,  the  amount  for  which  the  purchase  may  be  made 

may  be  paid  out  of  the  appropriation  heretofore  made  for  the 

gradual  increase  of  the  navy  of  the  United  States. 

APPROVED,  May  17,  1826. 


RESOLUTION  directing  surveys  and  estimates  for  dry  docks. 
[Obsolete.] 

Resolved,  4*c.,  That  the  President   of  the   United  States 
The  President  to  cause  an  examination  and  accurate  survey  to  be  made,  by  a 
nation tobe3e  skilful  engineer,  of  a  site  for  a  dry  dock,  at  the  navy  yard  at 
for  a  site  for  dry  Portsmouth,   New  Hampshire;   Charlestown,  Massachusetts; 
naVyardsC.ertain  Brooklyn,  New  York ;   and  Gosport,  Virginia ;  and  that  such 
engineer  be  required  to  state  the  dimensions  necessary  for  such 
docks,  the  advantages  of  each  of  the  above  named  places  for 
such  establishment,  the  objections  that  apply  to  either,  with  a 
detailed  estimate  of  the  expense  of  a  suitable  site,  and  of  con- 
structing a  dock  at  each  of  said  places ;  and  that  the  President 
be  requested  to  communicate  the  same  to  Congress  in  the  first, 
week  of  the  next  session. 
APPROVED,  May  22,  1826. 
*  Under  the  authority  of  this  act,  the  frigate  Hudson  was  purchased. 


143 

RESOLUTION  directing  the  Secretary  of  the  Navy  to  apply  to  the  Govern-        1827. 
ment  of  Pennsylvania  for  jurisdiction  over  certain  lands  at  the  navy  yard, 
Philadelphia. 

[Obsolete.] 

Resolved,  fyc.,  That  the  Secretary  of  the  Navy  be 


request  the  Government  of  the  State  of  Pennsylvania  to  cede  to  the  u.  s.  certain 
the  United  States,  jurisdiction  over  such  lands  as  are  owned  by  lai 
the  United  States,  and  improved  for  public  purposes,  at  the 
navy  yard,  near  Philadelphia. 
APPROVED,  January  24,  1827. 


AN  ACT  to  cede  the  jurisdiction  of  the  territory  occupied  for  a  navy  yard,  in 
the  county  of  Philadelphia,  to  the  Government  of  the  United  States. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Commonwealth  of  Pennsylvania,  in  General  Assembly  met,  and  it  is  hereby 
enacted  by  the  authority  of  the  same,  That  all  the  jurisdiction,  right,  title,  pro- 
perty and  interest,  of  this  Commonwealth,  over,  in,  and  to,  the  territory  now  in 
possession  of  the  Government  of  the  United  States,  and  occupied  as  a  navy  yard, 
included  within  the  present  wall  around  the  same,  situate  in  the  district  of  South- 
wark,  in  the  county  of  Philadelphia,  and  hounded  on  the  east  side  by  the  river 
Delaware,  is  hereby  ceded  and  conveyed,  together  with  all  the  buildings  and  ap- 
purtenances thereunto  belonging,  to  the  Government  of  the  United  States  :  pro- 
vided always,  nevertheless,  That  the  cession  hereby  made  shall  continue  in  force 
so  long  as  the  same  territory  shall  be  used  by  the  Government  of  the  United 
States  for  the  purposes  of  a  navy  yard,  and  no  longer :  And  provided,  also,  That 
all  process,  civil  and  criminal,  of  the  Commonwealth  of  Pennsylvania,  shall  ex- 
tend into,  and  be  effectual,  within  the  territory  hereby  ceded,  as  if  this  law  had 


JOSEPH  RITNER, 
Speaker  of  the  House  of  Representatives. 
ALEXANDER  MAHON, 

Speaker  of  the  Senate. 
APPROVED,  the  29th  March,  A.  D.  1827. 

J.  ANDW.  SHULZE. 


AN  ACT  for  the  gradual  improvement  of  the  navy  of  the  United  States. 

SEC.  1.  Be  it  enacted,  fyc.,  That,  for  the  gradual  improve-  f0rs 

ment  of  the  navy  of  the  United  States,  the  sum  of  five  hundred  years6 annually?* 
thousand  dollars  per  annum,  for  six  years,  is  hereby  appropria- 
ted, to  be  applied  as  in  this  act  prescribed,  and  as  may,  hereaf- 
ter, be  directed  by  law. 

SEC.  2.  And  be  it  further  enacted,  That  the  President  of  president  autho- 
the  United  States  be,  and  he  is  hereby,  authorized  to  cause  to  SJ^S^SJSJJ 
be  procured,  ship  timber,  suitable  for  the  construction  of  vessels  timber,  suitable 
of  the  various  classes  now  recognized  in  the  navy  of  the  United  uoVof  vSiTof 
States;  and,  also,  the  timber  proper  for  the  construction  of different classes' 
steam  batteries ;  and  to  take  the  proper  measures  for  having  the 
said  timber  duly  seasoned  and  preserved,  so  as  to  be  fit  for  im- 
mediate use. 

SEC.  3.   And  be  it  further  enacted.  That  the  President  of  Measures  to  be 
the  United  States  be,  and  he  is  hereby,  authorized  to  take  the  pro-  ^JJflLttUSk 
per  measures  to  preserve  the  live  oak  timber  growing  on  the  lands  timber,  growing 
of  the  United  States,  and  he  is  also  authorized  to  reserve  from  the  ufs.an 
sale  such  lands,  belonging  to  the  United  States,  as  may  be 


144 

1828.      found  to  contain  live  oak,  or  other  timber,  in  sufficient  quantity 

~"  to  render  the  same  valuable  for  naval  purposes. 

TWO  dry  docks.  SEC.  4.  And  be  it  further  enacted.  That  the  President  of 
the  United  States  be,  and  he  is  hereby,  authorized  to  cause  to 
be  constructed  two  dry  docks,  on  the  most  approved  plan,  for 
the  use  of  the  navy  of  the  United  States,  the  one  of  said  docks 
to  be  erected  at  some  point  to  the  south,  and  the  other  to  the 
north,  of  the  Potomac  river. 

Marine   railway      SEC.  5.  And  be  it  further  enacted,  That  the  President  of 

S^^fwarAcf  the  United  States  be,  and  he  is  hereby,  authorized  to  cause  the 

atPensacoia.      necessary  examinations  and  inquiries  to  be  made,  to  ascertain 

the  practicability  and  expediency  of  erecting  a  marine  railway 

for  the  repair  of  sloops  of  war,  and  other  vessels  of  an  inferior 

class,  atPensacoia,  and,  if  it  shall  appear,  from  such  inquiry 

and  examination,  that  such  railway  would  be  useful  to  the  navy 

of  the  United  States,  and  can  be  constructed  at  a  reasonable 

expense,  that  he  cause  the  same  to  be  "constructed  on  the  most 

approved  plan. 

Navy  yards  to  he  SEC.  6.  And  be  ft  further  enacted,  That  the  President  of 
thoroughly  exam-  the  United  States  be,  and  he  is  hereby,  authorized  to  cause  the 
navy  yards  of  the  United  States  to  be  thoroughly  examined, 
and  plans  to  be  prepared,  and  sanctioned  by  the  President,  for 
the  improvement  of  the  same,  and  the  preservation  of  the  pub- 
lic property  therein ;  from  which  plans,  no  deviation  shall  here- 
after be  made  but  by  his  special  order. 

Money  appropri-      SEC.  7.  And  be  it  further  enacted,  That  the  money  appro- 
fransfe^ed.10  be  priated  by  this  act  shall  not  be  transferred  to  any  other  object 
be1submiftedrts  l°  °^  exPencnt'ure>  nor  sna^  anv  Part  thereof  be  carried  to  the  fund 
denominated  the  surplus  fund ;  and  annual  reports  shall  be  sub- 
mitted to  Congress  of  the  expenditures  under  this  act,  and 
the  measures  taken  to  carry  the  same  into  effect. 
APPROVED,  March  3,  1827. 


AN  ACT  to  prevent  defalcations  on  the  part  of  the  disbursing  agents  of  the 
Government,  and  for  other  purposes. 

wo  money  appro-      Be  H  enacted.  djf*c..  That  no  money  hereafter  appropriated 

priated  to  be  paid    ,     «  ,  .,  ^        i   •  .ir,r.. 

to  persons  in  ar- shall  be  paid  to  any  person,  for  his  compensation,  who  is  in 
rears  to  the  u.  s.  arrears  to  ^  unhecl  States,  until  such  person  shall  have  ac- 
counted for,  and  paid  into  the  treasury,  all  sums  for  which  he 

For°beS°consSd  ma^  ^e  ^a^e  '  Prov^e^->  tnat  nothing  herein  contained  shall 
to  extend  To  S- be  construed  to  extend  to  balances  arising  solely  from  the  de- 
?romsthe  depre-  preciation  of  treasury  notes  received  by  such  person,  to  be  ex- 
ciation  of  treasu-  pencled  in  the  public  service ;  but  in  all  cases  where  the  pay  or 

ry  noiGSt  A  ••iiii'  i  •  • 

salary  or  any  person  is  withheld,  in  pursuance  of  this  act,  it 
shall  be  the  duty  of  the  accounting  officers,  if  demanded  by  the 
party,  his  agent  or  attorney,  to  report,  forthwith,  to  the  agent  of 
the  treasury  department,  the  balance  due;  and  it  shall  be  the 
duty  of  the  said  agent,  within  sixty  days  thereafter,  to  order 
suit  to  be  commenced  against  such  delinquent  and  his  sureties. 
APPROVED,  January  25,  1828. 


145 

AN  ACT  to  provide  for  extending  the  term  of  certain  pensions,  chargeable  on         ]  828 
the  navy  and  privateer  pension  fund.  • - 


SEC.  1.  Beit  enacted,  fyc.,  That  in  all  cases  where  provi- where  provision 
sion  has  been  made,  by  law,  for  the  five  years'  half  pay  to  the  bySiaw,6formhaif 
widows  and  children  of  officers,  seamen,  and  marines,  who  were  Pa^  t(?  .I^ridowi* 

,.,,,.,         ,  ,         T     i    •        i  i  •  f     \       -r-r    .      -,  a"*!    children  of 

killed  in  battle,  or  who  died  in  the  naval  service  of  the  United  officers  kmed  in 
States  during  the  last  war ;  and,  also,  in  all  cases  where  provi-  of^eruJn  pe™ 
sion  has  been  made  for  extending  the  term  for  five  years  in  ad-  sumstobeexten- 
dition  to  any  term  of  five  years,  the  said  provision  shall  be 
further  extended  for  an  additional  term  of  five  years,  to  com- 
mence at  the  end  of  the  current  or  last  expired  term  of  five 
years  in  each  case,  respectively ;  making  the  provision  equal  to 
twenty  years'  half  pay ;  which  shall  be  paid  out  of  the  fund 
heretofore  provided  by  law  ;  and  the  said  pensions  shall  cease 
for  the  causes  mentioned,  in  the  laws  providing  the  same,  re- 
spectively. 

SEC.  2.  And  be  it  further  enacted,  That  the  pensions  of  all  Pensions  of  an 
widows  who  now  are,  or  who  at  any  time  within  one  year  n^^Ch^may 
last  past  have  been,  in  the  receipt  thereof,  under  the  provision  JJthiMt°beinrer 
of  the  following  laws  of  the  United  States,  or  either  of  them,  to  ceipt  thereof  un- 
wit:  an  act  passed  March  the  fourth,  one  thousand  eight  hun-  aSfSiowPgfawa 
dred  and  fourteen,  entitled  "  An  act  giving  pensions  to  the  or-  continuedfUiem> 
phans  and  widows  of  the  persons  slain  in  the  public  or  private 
armed  vessels  of  the  United  States,"  and  an  act,  passed  April 
the  sixteenth,  one  thousand  eight  hundred  and  eighteen,  enti- 
tled "  An  act  in  addition  to  an  act  giving  pensions  to  the  or- 
phans arid  widows  of  persons  slain  in  the  public  or  private  arm- 
ed vessels  of  the  United   States,"  so   far  as  regards  persons 
receiving  pensions  from  the  fund  arising  from  captures  and  sal- 
vage, made  by  the  private  armed  vessels  of  the  United  States, 
be,  and  the  same  are  hereby,  continued,  under  the  restrictions 
and  regulations  in  the  said  acts  contained,  for  and  during  the 
additional  term  of  five  years,  from  and  after  the  period  of  the 
expiration  of  the  said  pensions,  respectively  :  provided,  however,  Proviso, 
that  the  said  pensions  shall  be  paid  from  the  proceeds  of  the 
privateer  pension  fund  alone,  and  without  recourse  to  the  Uni- 
ted States  for  any  deficiency,  should  such  occur,  which  may 
hereafter  arise  thereon  :  and  provided,  further,  that  no  such  proviso. 
pension  shall  be  paid  to  any  such  widow  after  her  intermarriage 
had,  or  to  be  had,  after  she  shall  have  become  such  widow. 

APPROVED,  May  23,  1828. 

AN  ACT  to  increase  the  pay  of  lieutenants  in  the  navy. 
[Obsolete.] 

Be  it  enacted,  fyc. ,  That,  from  and  after  the  passing  of  this  Lieutenants  to 
act,  all  lieutenants  in  the  navy  of  the  United  States  shall,  in  mJSh6  atd°  SI 
addition  to  the  pay  and  emoluments  now  allowed  them  by  law,  ™Jjon  perday,in 
each  receive  ten  dollars  per  month,  and  one  ration  per  day. 

APPROVED,  May  24,  1828. 

10 


146 

1828.         AN  ACT  for  the  better  organization  of  the  medical  department  of  the  navy  of 

the  United  States. 

[The  4th  and  5th  sections  of  this  act,  and  that  part  of  the  3d  which  relates  to 
pay,  repealed  by  act  of  March  3,  1835,  "  to  regulate  the  pay  of  the  navy."] 

NO  person  to  re-  SEC.  1.  .Be  it  enacted,  (^c.,  That,  from  and  after  the  passing 
Su  °^  ^s  act?  no  person  shall  receive  the  appointment  of  assist- 
uIniess  ant  surgeon  in  the  navy  of  the  United  States,  unless  he  shall 
naval nave  been  examined  and  approved  by  a  board  of  naval  sur- 
surgeons.  geons,  who  shall  be  designated  'for  that  purpose  by  the  Secre- 
tary of  the  Navy  Department ;  and  no  person  shall  receive  the 
appointment  of  surgeon  in  the  navy  of  the  United  States  until 
he  shall  have  served  as  an  assistant  surgeon  at  least  two  years, 
on  board  a  public  vessel  of  the  United  States,  at  sea,  and  un- 
less, also,  he  shall  have  been  examined  and  approved  by  a 
board  of  surgeons  constituted  as  aforesaid. 

President    may      SEC.  2.  And  be  it  further  enacted,  That  the  President  of 
ry  fleet  or  squad"  the  United  States  may  designate  and  appoint,  to  every  fleet  or 
suigewiJtoKS  squadron,  an  experienced  and  intelligent  surgeon,  then  in  the 
nominated,  «sur- naval  service  of  the  United  States,  to  be  denominated  "  sur- 
""geon  of  the  fleet,"  who  shall  be  surgeon  of  the  flag  ship,  and 
who,  in  addition  to  his  duties  as  such,  shall  examine  and  ap- 
prove all  requisitions  for  medical  and  hospital  stores  for  the  fleet, 
and  inspect  their  quality  ;  and  who  shall,  in  difficult  cases,  con- 
sult with  the  surgeons  of  the  several  ships,  and  make  records  of 
the  character  and  treatment  of  diseases,  to  be  transmitted  to  the 
navy  department;  and  who,  in  addition  to  the  compensation 
allowed  to  surgeons  at  sea,  shall  be  allowed  double  rations 
while  acting  as  surgeon  of  the  fleet  as  aforesaid. 

Assistant  sur-  SEC.  3.  And  be  it  further  enacted,  That  assistant  surgeons, 
geons  who  have  wno  snau  nave  been  commissioned  less  than  five  years,  shall 

been       commis-  •          i  •  i    n  •  -i  /• 

sioned  less  than  each  receive  thirty  dollars  a  month,  and  two  rations  a  day ;  af- 
cdvITach0 $Ii)  ter  five  years'  service,  they  shall  be  entitled  to  an  examination 
rationsadaand  2  D7  a  board  of  naval  surgeons,  constituted  as  aforesaid,  and  hav- 
ing been  approved  and  passed  by  such  board,  they  shall  each 
receive  an  addition  of  five  dollars  a  month,  and  one  ration  a 
day;  and,  after  ten  years'  service,  a  further  addition  of  five  dol- 
lars a  month,  and  one  ration  a  day. 

Every  surgeon  SEC.  4.  And  be  it  further  enacted,  That  every  surgeon  who 
receivedaliish ap^  shall  have  received  his  appointment,  as  is  hereinbefore  provided 
pointment  as  for  gnai}  receive  fifty  dollars  a  month,  and  two  rations  a  day  ; 

herein    provided         >  ,  «?          ,          •     i-t  i  •  -,     -,  •         n  *       <? 

for,  to  receive  $50  after  five  years'  service,  he  shall  be  entitled  to  receive  fifty-five 
?atio™sTday.nd  2  dollars  a  month  and  an  additional  ration  a  day ;  and  after  ten 
years'  service,  he  shall  receive  sixty  dollars  a'month  and  an  ad- 
ditional ration  a  day  ;  and,  after  twenty  years'  service,  he  shall 
receive  seventy  dollars  a  month  and  the  rations  as  last  afore- 
said. [See  explanatory  act,  Jan.  21,  1829.] 

Ev«ry  assistant  SEC.  5.  And  be  it  further  enacted,  That  every  assistant  sur- 
v?nT°nfaifuifuu;geon  (after  having  faithfully  served  two  years)  shall,  while  in 
sewed  for  two  actual  service  at  sea,  in  addition  to  the  usual  compensation  al- 

years,    while    in  11-11  •  111  •  i    /-          i    n 

actual  service  at  lowed  him  by  law,  receive  double  rations,  and  five  dollars  a 
month ;  and  every  surgeon  in  the  navy,  while  in  actual  service 


147 

at  sea,  shall  also,  in  addition  to  his  usual  compensation,  receive       1831. 
double  rations,  and  ten  dollars  a  month.  addition  to  the 

usual  eompensat- 

APPROVED,  May  24,  1828.  tion. 

AN  ACT  to  amend  an  act,  entitled  "  An  act  for  the  better  organization  of  the 
medical  department  of  the  navy,"  approved  24th  May,  1 828. 

[Obsolete.] 

Be  it  enacted,  fyc.,  That  every  surgeon,  who  was  in  the  navy  SrtSn^Iigeonf 
at  the  time  of  the  passasre  of  the  act  for  the  better  organization  in  the  navy,  from 

, .      ,    ,      r  c    ,  ,          ,    certain  requisites 

of  the  medical  department  of  the  navy,  approved  twenty-fourth  to  the  allowance 
May,  one  thousand  eight  hundred  and  twenty-eight,  shall  be  JJ<?vKdfo?°by 
entitled  to  the  additional  pay  and  rations  (according  to  length  actofMay,i828. 
of  service)  provided  for  by  the  fourth  section  of  that  act,  not- 
withstanding such  surgeons  may  not  have  been  examined,  or 
received  their  appointments  in  the  manner  prescribed  by  the 
first  section  thereof. 

APPROVED,  January  21,  1829. 

RESOLUTION  in  relation  to  the  compensation  of  officers  of  the  marine  corps. 
[Continued  by  resolution  of  May  25,  1832,  until  altered  by  law.] 

Resolved.  4*c.,  That  the  pay,  subsistence,  emoluments  and  Pay,  &c. previous 

n  •       J  i        .1         foi  *  A  •  -to  April  1,  1829, 

allowances,  received  by  the  orncers  of  the  marine  corps,  previ-  continued  to  Feb. 
ous  to  the  first  of  April,  eighteen  hundred  and  twenty-nine,  be, 28' 1831< 
and  the  same  is  hereby,  directed  to  be  continued  to  them  from 
that  date  up  to  the  twenty-eighth  of  February,  one  thousand 
eight  hundred  and  thirty- one. 
APPROVED,  May  29,  1830. 

AN  ACT  to  authorize  the  construction  of  three  schooners  for  the  naval  service 
of  the  United  States. 

[Obsolete.] 

Be  it  enacted,  fyc.,  That  the  President  of  the  United  States 
be,  and  he  is  hereby,  authorized  to  cause  to  be  built,  equipped,  fted. 
and  employed  in  the  naval  service  of  the  United  States,  three 
schooners,*  not  exceeding  twelve  guns  each ;  and  that  the  sum 
of  eighty-seven  thousand  three  hundred  and  sixty  dollars  be, 
and  the  same  is  hereby,  appropriated,  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated,  for  the  purpose  of  carrying 
the  foregoing  provisions  into  effect. 

APPROVED,  February  3,  1831. 

AN  ACT  to  provide  for  the  punishment  of  offences  committed  in  cutting,  de- 
stroying, or  removing  live  oak,  and  other  timber  or  trees,  reserved  for  naval  pur- 
poses. 

SEC.  1.  Be  it  enacted,  $*c.,  That  if  any  person  or  persons  Any  person  cut- 
shall  cut,  or  cause  or  procure  to  be  cut,  or  aid,  assist,  or  be  em-  £^J  or  destroy" 
ployed  in  cutting,  or  shall  wantonly  destroy,  or  cause  or  pro- 

The  vessels  built  under  the  authority  of  this  act,  are  the  Enterprise,  Boxer, 
Experiment. 


14S 

1831.       cure  to  be  wantonly  destroyed,  or  aid,  assist,  or  be  employed  u> 
wantonly  destroying,  any  live  oak  or  red  cedar  tree  or  trees,  or 
live  oak,  cedar  or  other  timber,  standing,  growing,  or  being,  on  any  lands  of  the 
othertimber;  or  United  States,  which,  in  pursuance  of  any  law  passed,  or  here- 
after to  be  passed,  shall  have  been  reserved  or  purchased  for  the 
use  of  the  United  States,  for  supplying  or  furnishing  therefrom 
timber  for  the  navy  of  the  United  States ;  or  if  any  person  or 
Any  person  re-  persons  shall  remove,  or  cause  or  procure  to  be  removed,  or  aid, 

moving  the  same.  *•  .  ,  \          ,    . 

or  assist,  or  be  employed  m  removing,  from  any  such  lands 
which  shall  have  been  reserved  or  purchased  as  aforesaid,  any 
live  oak  or  red  cedar  tree  or  trees,  or  other  timber,  unless  duly 
authorized  so  to  do  by  order,  in  writing,  of  a  competent  officer, 

Any  person  cut- ant*  *°r  tne  use  °^ tne  navv  °^ tne  United  States ;  or  if  any  per- 

ting,  or,  &c.  son  or  persons  shall  cut,  or  cause  or  procure  to  be  cut,  or  aid, 
or  assist,  or  be  employed  in  cutting,  any  live  oak  or  red  cedar 
tree  or  trees,  or  other  timber  on,  or  shall  remove,  or  cause  or 
procure  to  be  removed,  or  aid,  or  assist,  or  be  employed  in  re- 
moving, any  live  oak  or  red  cedar  trees,  or  other  timber,  from 
any  other  lands  of  the  United  States  acquired,  or  hereafter  to  be 
acquired,  with  intent  to  export,  dispose  of,  use,  or  employ,  the 
same  in  any  manner  whatsoever,  other  than  for  the  use  of  the 

to  pay  a  fine  triple  navy  °f  tne  United  States;  every  such  person  or  persons  so  of- 

the  value.  fending,  on  conviction  thereof  before  any  court  having  compe- 
tent jurisdiction,  shall,  for  every  such  offence,  pay  a  fine  not 
less  than  triple  the  value  of  the  tree  or  trees,  or  timber  so  cut, 
destroyed,  or  removed,  and  shall  be  imprisoned  not  exceeding 
twelve  months. 

vessels  employ-  SEC.  2.  And  be  if  further  enacted.  That  if  the  master,  own- 
er>  or  consignee,  of  any  ship  or  vessel  shall,  knowingly,  take  on 
board  any  timber  cut  on  lands  which  shall  have  been  reserved 
or  purchased  as  aforesaid,  without  proper  authority,  and  for  the 
use  of  the  navy  of  the  United  States ;  or  shall  take  on  board 
any  live  oak  or  red  cedar  timber  cut  on  any  other  lands  of  the 
United  States,  with  intent  to  transport  the  same  to  any  port  or 
place  within  the  United  States,  or  to  export  the  same  to  any 
foreign  country,  the  ship  or  vessel  on  board  of  which  the  same 
shall  be  taken,  transported,  or  seized,  shall,  with  her  tackle,  ap- 

to  be  forfeited;    parel,  and  furniture,  be  wholly  forfeited  to  the  United  States; 

captain    to   be an(^  tne  caPtain  or  master  of  such  ship  or  vessel,  wherein  the 

fined.  same  shall  have  been  exported  to  any  foreign  country  against 

the  provisions  of  this  act,  shall  forfeit  and  pay  to  the  United 
States  a  sum  not  exceeding  one  thousand  dollars. 

SEC.  3.    And  be  it  further  enacted.  That  all  penalties  and 

be  sue%r?owto  forfeitures  incurred  under  the  provisions  of  this  act  shall  be  sued 
for,  recovered,  and  distributed,  and  accounted  for,  under  the  di- 
rections of  the  Secretary  of  the  Navy,  and  shall  be  paid  over, 
one-half  to  the  informer  or  informers,  if  any,  or  captors,  where 
seized,  and  the  other  half  to  the  commissioners  of  the  navy 

Mitigation  of  pe.  pension  fund,  for  the  use  of  the  said  fund;  and  the  commis- 
sioners  of  the  said  fund  are  hereby  authorized  to  mitigate,  in 
whole,  or  in  part,  and  on  such  terms  and  conditions  as  they 


149 

shall  deem  proper,  and  order,  in  writing,  any  fine,  penalty,  or      1832. 
forfeiture,  incurred  under  this  act. 
APPROVED,  March  2,  1831. 


RESOLUTION  empowering  the  Secretary  of  the  Navy  to  settle  certain  con- 
tracts, and  to  relinquish  certain  forfeitures. 

Resolved,  6fc. ,  That  the  Secretary  of  the  Navy  be  empow-  certain  contracts 
ered  to  relinquish  and  pay  all  forfeitures  on  contracts  made  by to 
the  board  of  navy  commissioners,  when  said  forfeitures  have 
arisen  by  the  extension  of  the  contracts,  or  where  the  con- 
tracts have  been  completed  by  the  approbation  of  the  board  of 
navy  commissioners,  without  any  injury  to  the  public  service ; 
and  the  Secretary  of  the  Navy  is  empowered  to  fulfil  all  out- 
standing1  contracts  where  the  time  for  their  performance  hastein 

,     T  ,  ,  ,     .  r        •  i  ees,to  be  fulfilled* 

been  extended,  or  where  the  completion  of  said  contracts  has 
been  prevented  by  unavoidable  accident,  and  the  public  ser- 
vice has  sustained  no  injury. 

APPROVED,  February  10,  1832. 


AN  ACT  authorizing  the  revision  and  extension  of  the  rules  and  regulations  of 
the  naval  service. 

Be  it  enacted,  fyc.,  That  the  President  of  the  United  States  Board  to  be  con- 
be,  and  he  is  hereby,  authorized  to  constitute  a  board  of  naval sti 
officers,  to  be  composed  of  the  naval  commissioners  and  two 
post  captains,  to  meet  at  the  seat  of  Government,  whose  duty  it 
shall  be,  with  the  aid  and  assistance  of  the  Attorney  General, 
carefully  to  revise  and  enlarge  the  rules  and  regulations  gov- 
erning the  naval  service,  with  the  view  to  adapt  them  to  the 
present  and  future  exigencies  of  this  important  arm  of  na- 
tional defence,  which  rules  and  regulations,  when  approved  by 
him  and  sanctioned  by  Congress,  shall  have  the  force  of  law, 
and  stand  in  lieu  of  all  others  heretofore  enacted. 

APPROVED,  May  19,  1832. 

RESOLUTION  respecting  the  pay  of  the  marines. 

Resolved,  fyc.,  That  the  pay,  subsistence,  emoluments,  andPayj  &c>  to  be 
allowances  of  officers,  non-commissioned  officers,  musicians, 
and  privates  of  the  United  States  marine  corps,  shall  be  the 
same  as  they  were  previously  to  the  first  of  April,  one  thousand 
eight  hundred  and  twenty- nine,  and  shall  so  continue  until 
they  shall  be  altered  by  law. 

APPROVED,  May  25,  1832. 


AN  ACT  further  to  extend  the  pension [s]  heretofore  granted  to  the  widows  of 
persons  killed,  or  who  died  in  the  naval  service. 

SEC.  1.  Be  it  enacted,  fyc.,  That  in  all  cases,  where  pro vi -  Pensions  nereto- 
sion  has  been  made  by  law,  for  the 'five  years'  half  pay  to  wi-  b 


150 

1832.  dows  and  children  of  officers,  seamen,  and  marines,  who  were 
the  widows  of  killed  in  battle,  or  who  died  in  the  naval  service  of  the  United 
for  uTaddftionai  States  ;  and,  also,  in  all  cases  where  provision  has  been  made 
term  of  5  years.  for  extending  the  term  for  five  years,  in  addition  to  any  term  of 
five  years,  the  said  provision  shall  be,  and  is  hereby,  further  ex- 
TO  commence,  tended  for  an  additional  term  of  five  years,  so  far  as  respects 
&c-  '  widows  only,  to  commence,  at  the  end  of  the  current  or  last  ex- 

pired term  of  five  years  in  each  case,  respectively  ;  which  pen- 
sion shall  be  paid  out  of  the  fund  heretofore  provided  by  law. 
And  the  pension  herein  continued  shall  cease  for  the  causes 
shaii  cease  for  mentioned  in  the  laws  granting  the  same,  respectively. 

the  causes  men-        o  o        A       i  j       •*.  ^ •      j.r  *     7    rrn  i  •    •  /• 

tioned.  feEC.  &.   And  OB  it  furtlier  enacted.  That  the  provisions  of 

Provisions  of  this  tn^s  act  sna^  be  extended  to  the  widows  of  all  those  who  may 
act  to  be  extend-  have  died  by  reason  of  wounds  received  during  the  war. 

APPROVED,  June  28,  1832. 


AN  ACT  to  authorize  the  President  of  the  United  States  to  direct  transfers  of 

appropriation  in  the  naval  service,  under  certain  circumstances. 

[Renewed,  without  limitation,  June  30,  1834.] 

Be  it  enacted,  fyc.,  That,  upon  the  application  of  the  Secre- ' 
tary  of  the  Navy,  the  President  of  the  United  States  shall  have 
authority,  whenever,  in  his  opinion,  the  unforeseen  contingen- 
Transfers  of  ap-  cjes  of  the  public  service  may  require  it,  to  direct  that  a  part  of 

propriations      in    ,  ,   -         J          l.       -,        I 

the  nayai  service  the  money  appropriated  for  a  particular  branch  of  the  naval  ser- 
vice be  applied  to  another  branch  of  the  said  service ;  in  which 
Special  accounts  case,  a  special  account  of  the  moneys  thus  transferred,  and  of 
uan"feerre™onaend tneir  application,  shall  be  laid  before  Congress  before  its  ad- 
of  their  appiica- journment,  if  then  in  session,  and  during  the  first  week  of  the 

tion,  to  be  laid  be- J  •  •/.          i     ,  /.       ,  i      •  e 

fore  congress,  next  ensuing  session,  if  such  transfer  be  made  in  the  recess  of 
Congress. 

This  act  shall  continue  in  force  until  the  close  of  the  next 
session  of  Congress,  and  no  longer. 

APPROVED,  July  3,  1832. 


AN  ACT  to  finish  the  re-building  of  the  frigate  Macedonian. 
[Obsolete.] 

Be  it  enacted,  fyc. ,  That,  for  the  purpose  of  finishing  the  re- 
building of  the  frigate  Macedonian,  the  sum  of  two  hundred  and 
$907,984   appro- seven  thousand  nine  hundred  and  eighty-four  dollars  be,  and 

pnated.  ,  .     ,  •         -i  /•  i 

the  same  is  hereby,  appropriated,  out  of  any  money  in  the  trea- 
sury not  otherwise  appropriated. 

APPROVED,  July  10,  1832. 


AN  ACT  to  provide  for  paying  certain  arrearages  for  surveys  made  by  naval 
officers,  and  for  other  purposes. 

Commander    of     SEC.  3.  And  be  it  further  enacted,  That,  from  and  after  the 

wUhinyton    tao  Passa£e  °f tms  act?  tne  commander  of  the  navy  yard  at  the  city 

ceasV^o^ct  S of  Washington,  shall  cease  to  act  as  navy  agent;   and  that 

portion  of  the  act  of  the  twenty-seventh  of  March,  one  thousand 

eight  hundred  and  four,  which  made  it  his  duty  so  to  do,  shall 


151 

be,  and  the  same  is  hereby,  repealed,  and  a  separate  and  per-       1832. 
manent  agent  shall  be  appointed  as  in  other  cases,  in  the  same  Permanent  agent 
manner,  entitled  to  the  same  compensation,  and  under  the  same  f°r  the 
responsibilities,  and  to  be  governed  by  the  same  laws  and  regu-  ^ednjiavy 
lations  which  now  are,  or  may  hereafter  be,  adopted  for  other 
navy  agents ;  and  it  shall  be  his  duty  to  act  as  agent  not  only 
for  the  navy  yard  in  this  city,  but  for  the  navy  department,  un- 
der the  direction  of  the  Secretary  thereof,  in  the  payment  of 
such  accounts  and  claims  as  the  said  Secretary  may  direct. 
APPROVED,  July  10,  1832. 

AN  ACT  to  provide  for  rebuilding  the  frigate  Java  and  the  sloop  Cyane. 

Be  it  enacted,  ^c.,  That  the  sum  of  fifty  thousand  five  hun-  ffe°af00 
dred  dollars  be,  and  the  same  is  hereby,  appropriated,  payable 
out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
for  the  purpose  of  purchasing  timber  to  rebuild  the  frigate  Java 
and  the  sloop  Cyane. 

APPROVED,  July  10,  1832. 

AN  ACT  to  provide  iron  tanks  for  the  use  of  the  navy  of  the  United  States. 
[Obsolete.] 

Be  it  enacted,  fyc.,  That,  for  the  purchase  of  iron  tanks  for 
the  use  of  the  vessels  of  war  of  the  United  States  in  commis-  pS™5  appro~ 
sion,  the  sum  of  one  hundred  and  thirty-one  thousand  seven 
hundred  and  ninety-five  dollars  be,  and  the  same  is  hereby,  ap- 
propriated, out  of  any  money  in  the  treasury  not  otherwise  ap- 
propriated. 

APPROVED,  July  10,  1832. 

AN  ACT  authorizing  the  construction  of  naval  hospitals  at  the  navy  yards  at 

Charlestown,  Massachusetts,  Brooklyn,  New  York,  and  Pensacola. 

[Obsolete.] 

SEC.  1.  Be  it  enacted,  fyc.,  That  the  Secretaiy  of  the  Navy  Naval   hospitals 
be,  and  he  is  hereby,  authorized,  under  the  direction  of  the  Pre- toke  constructed, 
sident  of  the  United  States,  to  cause  to  be  constructed,  for  the  use 
of  the  navy  of  the  United  States,  proper  hospitals  at  or  near 
each  of  the  following  places,  to  wit :  the  navy  yard  at  Charles- 
town,  Massachusetts,  the  navy  yard,  Brooklyn,  New  York,  and 
the  navy  yard  Pensacola. 

SEC.  2.  And  be  it  further  enacted,  That  there  be,  and  here-  Appropriations. 
by  is,  appropriated,  for  the  construction  of  such  hospital  at  $26,000. 
Charlestown  aforesaid,  twenty-six  thousand  dollars;  at  Brook-  $20,000. 
lyn  aforesaid,  twenty  thousand  dollars;  and  at  Pensacola,  thirty 
thousand  dollars ;  to  be  paid  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

APPROVED,  July  10,  1832. 

AN  ACT  to  carry  into  effect  the  act  to  provide  for  a  survey  of  the  coast  of  the 

United  States. 

SEC.  1.  Be  it  enacted,  fyc.,  That,  for  carrying  into  effect  the 


152 

1832.      act,  entitled  "  An  act  to  provide  for  surveying  the  coasts  of  the 
~  United  States,"  approved  on  the  tenth  day  of  February,  one 
$20,000  appropri-  thousand  eight  hundred  and  seven,  there  shall  be,  and  hereby 
is,  appropriated,  a  sum  not  exceeding  twenty  thousand  dollars, 
^cttejd?dved'  anto  to  be  Paid  out  °f  any  money  in  the  treasury  not  otherwise  ap- 
coasts  of  Florida,  propriated ;  and  the  said  act  is  hereby  revived,  and  shall  be 
deemed  to  provide  for  the  survey  of  the  coasts  of  Florida,  in  the 
president  autho  same  manner  as  if  the  same,  had  been  named  therein. 
rizedtousemaps,      SEC.  2.  And  be  it  further  enacted.  That  the  President  of 
charts,books,&c.  ^  Unjte(j  states  be,  and  he  is  hereby,  authorized,  in  and  about 
and  to  employ  ^ne  execution  of  the  said  act,  to  use  all  maps,  charts,  books,  in- 
exSuJionrof1said  stmments>  an^  apparatus,  which  now,  or  hereafter  may,  belong 
act.  ll  to  the  United  States,  and  employ  all  persons  in  the  land  and 

Proviso.  naval  service  of  the  United  States,  and  such  astronomers  and 

other  persons  as  he  shall  deem  proper :  provided,  that  nothing 
in  this  act,  or  the  act  hereby  revived,  shall  be  construed  to  au- 
thorize the  construction  or  maintenance  of  a  permanent  astro- 
nomical observatory. 

APPROVED,  July  10,  1832. 


AN  ACT  for  the  regulation  of  the  navy  and  privateer  pension  and  navy  hos- 

pital funds. 

commissioners  SEC.  1.  Be  it  enacted,  fife..  That  the  commissioners  of  the 
accounts*!*  tms-  navy  pension.  and  navy  hospital  funds  be,  and  they  are  hereby, 
tees  of  certain  directed  to  close  all  their  accounts  as  trustees  of  said  funds,  and 

funds,  and  to  pay  tit  /*  i      •         i      •      t          t  i  • 

over  balance  to  to  pay  over  the  balance  of  cash  in  their  hands,  and  to  assign 
esecfretiuy  over  and  transfer  all  the  certificates  of  stock,  and  other  property, 


the^a  ment'&cr  Del°ngmg  t°  sai^  funds,  and  to  the  privateer  pension  fund,  to 
upon  such'  as-  the  Treasurer  of  the  United  States,  for  the  use  of  the  Secretary 
trans?e"comm?s-  of  the  Navy,  for  the  payment  of  navy  and  privateer  pensions, 
s-^d  for  expenditures  on  account  of  navy  hospitals,  et  cetera; 
allan^  as  soon  as  sa^  assignment  and  transfer  shall  be  made,  the 
said  commissioners  shall  be,  and  they  are  hereby,  released  and 
discharged  from  all  further  trust  connected  with  said  funds,  and 
the  Secretary  of  the  Navy  be,  and  he  is  hereby,  constituted  the 
trustee.  trustee  of  said  funds  ;  and  as  such,  it  shall  be  his  duty  to  receive 

Applications  for  applications  for  pensions,  and  to  grant  the  same  according  to 
the  terms  of  the  acts  of  Congress  in  such  case  made  and  pro- 
vided, and  to  direct  and  control  the  expenditures  out  of  the  navy 
hospital  fund. 

SEC.  2.  And  be  it  further  enacted,  That  the  balance  of  cash 

S.eb?SivStedeS  now  on  hand,  and  all  moneys  that  may  hereafter  arise  to  said 

bank  stock  of  u.  pension  funds  from  stocks  redeemed,  or  from  any  other  source, 

shall  be  immediately  invested,  under  the  direction  of  the  Secre- 

tary of  the  Navy,  in  the  bank  stock  of  the  Bank  of  the  United 

States  ;  and  that  the  Secretary  of  the  Treasury  be,  and  hereby 

SeasuT  autho-  is>  authorized  to  sell  so  much  of  the  stock  of  the  United  States 

med  to  sen  stock  jn  sai(j  bank,  at  the  par  value  thereof,  as  said  navy  pension 

at  par  value,  and  „        ,          .,,  ~  .  .  -.'  •         c        i    • 

receive  navy  pen-  funds  will  pay  for,  and  to  receive  said  navy  pension  rundsm 
«on  funds  in  pay-  payment  faereof  .  the  said  bank  stock  to  be  held  in  the  name  of 
the  Treasurer  of  the  United  States  for  the  purpose  aforesaid. 


153 

SEC.  3.  And  be  it  further  enacted,  That  the  Secretary  of      1832. 
the  Navy  be,  and  he  is  hereby,  authorized  and  required  to  cause  Books  to  be  open- 
books  to  be  opened,  and  regular  accounts  to  be  kept,  showing  Lpt"   Showing 
the  condition  of  the  navy  and  privateer  pension  funds,  the  re-  t£ndfunds.of  ce'~ 
ceipts  and  expenditures  thereof,  the  names  of  the  pensioners, 
and  the  dates  and  amount  of  their  respective  pensions,  with  a 
statement  of  the  act  or  acts  of  Congress  under  which  the  same 
may  be  granted ;  and  that  he  shall  annually  report  to  Congress 
an  abstract,  showinsr  the  condition  of  these  funds  in  all  these  .. 

,  -i     i  •  i  -,•  -,      •          i  Abstract  to  be  re- 

particulars,  and  the  receipts  and  expenditures  during  the  year;  ported  to  con- 
and  cause  a  similar  account  of  the  receipts  and  expenditures  of  sress  annually- 
the  navy  hospital  fund  to  be  kept  and  reported  to  Congress, 
annually,  in  like  manner,  and  at  the  same  time,  with  the  re- 
ports upon  the  pension  funds. 

SEC.  4.  And  be  it  further  enacted,  That  the  Secretaiy  of  the 
Navy  shall  be,  and  he  is  hereby,  authorized  to  appoint  a  clerk,  ^SJted?  be'ap~ 
who  shall  perform  all  the  duties  which  shall  be  required  of  him 
in  relation  to  said  funds  ;  and  shall  receive  as  a  full  compensa- 
tion for  his  services,  and  in  lieu  of  all  commissions  or  other 
allowances,  a  salary  of  one  thousand  six  hundred  dollars,  to  be  galary  „  600 
paid  quarter-yearly,  out  of  the  treasury  of  the  United  States. 

SEC.  5.  And  be  it  further  enacted,  That  all  the  powers  con-  Powers  and  du- 
ferred,  and  duties  imposed  by  laws  now  in  force,  on  the  com-  sionerere^aSSto 
missioners  of  the  navy  and  privateer  pension  and  navy  hos-  Ssl^ed  tlTse- 
pital  funds  be,  and  they  are  hereby,  transferred  to  the  Secretary  cretary  of  the 
of  the  Navy ;  and  all  acts,  and  parts  of  acts,  contrary  to  the na 
provisions  of  this  act,  be,  and  they  are  hereby,  repealed. 

APPROVED,  July  10,  1832. 


AN  ACT  for  the  relief  of  the  invalid  pensioners  of  the  United  States. 

Be  it  enacted,  $*c.,  That  an  act,  entitled  "  An  act  regulating 
the  payments  to  invalid  pensioners,"  approved  the  third  day  of 
March,  one  thousand  eight  hundred  and  nineteen,  be,  and  the 
same  is  hereby,  repealed. 

APPROVED,  July  14,  1832. 

AN  ACT  concerning  certain  officers  of  the  marine  corps. 

Be  it  enacted,  fyc.,  That  the  President  of  the  United  States  Allowance 
be,  and  he  hereby  is,  authorized  to  cause  to  be  allowed  and 
paid  to  such  officers  of  the  marine  corps,  as  have  heretofore  re-  marine  corPs- 
ceived  the  brevet  rank  of  majors  in  said  corps,  the  amount  of 
pay  and  emoluments  to  which  they  would  have  been  entitled 
as  commandants  of  separate  stations,  if  said  brevet  rank  had 
been  recognized  by  the  navy  department :  provided,  that  no  Proviso, 
officer  shall  receive,  under  this  act,  more  than  the  difference  be- 
tween the  pay  and  emoluments  actually  received  by  them,  and 
those  to  which  their  said  brevet  rank  would  have  entitled  them 
as  aforesaid. 

APPROVED,  July  14,  1832. 


154 

1833.         AN  ACT  in   addition  to  the  act  for  the  gradual  improvement  of  the  navy  of 

the  United  States. 

SEC.  1.  Be  it  enacted,  <fy*c.,  That,  for  the  gradual  improve- 
l"  merit  of  the  navy  of  the  United  States,  the  sum  of  five  hun- 
dred thousand  dollars,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  be,  and  the  same  is  hereby,  appropria- 
ted, annually,  for  six  years,  from  and  after  the  third  day  of 
March,  eighteen  hundred  and  thirty-three,  when  the  present 
appropriation  expires. 

toecteedappbyedact  S]EC-  2'  And  be  {t  furthe^  enacted,  That  the  President  of 
March 3, 1827.  the  United  States  be,  and  he  is  hereby,  authorized  and  empow- 
ered to  cause  the  abovementioned  appropriation  to  be  applied, 
as  directed  and  prescribed  by  the  act  of  the  third  of  March, 
eighteen  hundred  and  twenty-seven,  to  which  this  is  in  addi- 
tion, the  provisions  whereof  are  hereby  continued  in  force  for 
the  term  abovementioned,  and  to  be  applied,  also,  to  the  pur- 
chase of  other  necessary  materials,  as  well  as  timber,  suitable  for 
the  construction  of  vessels  of  war. 

JSSS?  d^e      SEC..  3.  And  be  it  further  enacted,  That,  in  addition  to 
oak<  the  provisions  now  in  force  on  the  subject  of  the  live  oak  grow- 

ing on  the  public  lands,  it  shall  be  the  duty  of  all  collectors  of 
the  customs  within  the  territory  of  Florida,  and  the  States  of 
Alabama,  Mississippi,  and  Louisiana,  before  allowing  a  clear- 
ance to  any  vessel  laden,  in  whole  or  in  part,  with  live  oak 
timber,  to  ascertain  satisfactorily  that  such  timber  was  cut  from 
private  lands,  or,  if  from  public  ones,  by  consent  of  the  navy 
department.  And  it  is  hereby  made  the  duty  of  all  officers  of 
the  customs,  and  of  the  land  officers  within  said  territory  and 
States,  to  cause  prosecutions  to  be  seasonably  instituted  against 
all  persons  known  to  be  guilty  of  depredations  on,  or  injuries 
to,  the  live  oak  growing  on  the  public  lands. 
APPROVED,  March  2,  1833. 


AN  ACT  to  improve  the  condition  of  the  non-commissioned  officers  and  pri- 
vates of  the  army  and  marine  corps  of  the  United  Slates,  and  to  prevent  deser- 
tion. 

[The  provisions  of  this  act,  so  far  as  they  relate  to  the  marine  cerps,  super- 
seded by  act  of  June  30,  1834,  "  for  the  better  organization  of  the  U.  S.  marine 
corps.'1] 

SEC.  1.  Be  it  enacted,  fyc.,  That,  from  and  after  the  passage 
of  this  act,  all  enlistments  in  the  army  of  the  United  States 
Army.  shall  be  for  three  years ;  and  that  the  monthly  pay  of  the  non- 

menT  and  payT"  commissioned  officers  and  soldiers  shall  be  as  follows,  to  wit : 
to  each  sergeant  major,  quartermaster  sergeant,  and  chief  musi- 
cian, sixteen  dollars ;  to  the  first  sergeant  of  a  company,  fifteen 
dollars ;  to  all  other  sergeants,  twelve  dollars  each ;  to  each  ar- 
tificer, ten  dollars;  to  each  corporal,  eight  dollars;  and  to  each 
musician  and  private  soldier,  six  dollars ;  and  that  all  enlist- 
ments in  the  marine  corps  shall  be  for  four  years,  and  that  the 

Marine  corps :  ,..  _     .  ..  »       ««  ITT 

Term  of  enlist-  monthly  pay  of  the  non-commissioned  officers  and  soldiers  in 
ment,.and  pay.    ^^  co^s  ^jj  ^&  ag  follows,  viz  i  to  each  sergeant  major  and 


155 

quartermaster  sergeant,  seventeen  dollars ;  to  the  drum  major,       1833. 
fife  major,  the  orderly  sergeants  of  posts,  and  first  sergeants  of 
guards  at  sea,  sixteen  dollars  each ;  to  all  other  sergeants,  thir- 
teen dollars;  to  each  corporal,  nine  dollars  ;  to  each  musician, 
eight  dollars ;  and  to  each  private,  seven  dollars. 

SEC.  2.  And  be  it  further  enacted,  That  one  dollar  of  the  $1  of  monthly  pay 
monthly  pay  of  every  musician  and  private  soldier  shall  be  re-  £c>be  retained> 
tained  until  the  expiration  of  the  two  first  years  of  their  enlist- 
ment, when  each  shall  receive  the  twenty-four  dollars  retained 
pay,  which  shall  have  so  accrued  :  provided,  he  shall  have 
served  honestly  and  faithfully  that  portion  of  the  term  of  his 
first  enlistment. 

SEC.  3.  And  be  it  further  enacted.   That  every  able  bo-  Bountyfor  re.en_ 
died  musician  or  private  soldier,  who  may  re-enlist  into  his  nstment. 
company  or  regiment,  within  two  months  before,  or  one  month 
after,  the  expiration  of  his  term  of  service,  shall  receive  two 
months5  extra  pay,  besides  the  pay  and  other  allowances  which 
may  be  due  to  him  on  account  of  the  unexpired  period  of  any 
enlistment. 

SEC.  4.  And  be  it  further  enacted,  That  every  able  bodied  Payofre-eniisted 
musician  or  soldier,  who  shall  re-enlist  into  his  company  or  re-  men> 
giment,  as  specified  in  the  third  section  of  this  act,  shall  receive 
his  full  pay,  at  the  rate  of  six  dollars  per  month,  without  any 
temporary  deduction  therefrom. 

SEC.  5.  And  be  it  further  enacted,  That  no  premium  to  offi- 
cers  for  enlisting  recruits,  nor  bounties  to  recruits  for  enlisting, 
shall  be  allowed  after  the  passage  of  this  act. 

SEC.  6.  And  be  it  further  enacted,  That  no  person  who  has  fn^Sict  to  be 
been  convicted  of  any  criminal  offence  shall  be  enlisted  into 
the  army  of  the  United  States. 

SEC.  7.  And  be  it  further  enacted,  That  the  seventh  sec-  Jth  sec^actMgr 
tion*  of  the  act,  entitled  "  An  act  making  further  provision  for  ed. 
the  army  of  the  United  States,"  passed  on  the  sixteenth  May, 
one  thousand  eight  hundred  and  twelve,  be,  and  the  same  is 
hereby,  repealed,  so  far  as  it  applies  to  any  enlisted  soldier,  who 
shall  be  convicted  by  a  general  court  martial  of  the  crime  of  de- 
sertion. 

APPROVED,  March  2,  1833. 


AN  ACT  to  authorize  the  President  of  the  United  States  to  exchange  certain 
lands  belonging  to  the  navy  yard  at  Brooklyn,  for  other  lands  contiguous 
thereto. 

Be  it  enacted,  $*c.,  That  the  President  of  the  United  States 
be,  and  he  is  hereby,  authorized  to  execute  a  conveyance  to  the 
corporation  of  the  village  of  Brooklyn,  in  the  State  of  New  ance 
York,  of  the  interest  of  the  United  States  in  certain  lands  form- 
ing a  part  of  the  navy  yard  at  said  village  of  Brooklyn,  and  de- 

*  The  effect  of  this  repeal  is,  to  restore  "  the  infliction  of  corporeal  punish- 
ment by  stripes  or  lashes,"  when  ordered  by  sentence  of  a  court  martial  for  the 
crime  of  desertion 


156 

1834.       signaled  in  a  petition  from  said  corporation  to  Congress,  on  con- 
condition.          dition  that  said  corporation  convey  a  good  title  to  the  United 
States  of  such  other  property  contiguous  to  said  yard,  and  ob- 
tain releases  to  the  United  States  of  certain  parts  of  said  yard 
now  in  controversy,  so  that,  in  his  opinion,  the  conveyances 
from  said  corporation  shall  be  equally  beneficial  to  the  United 
States  as  the  property  granted  to  said  corporation. 
APPROVED,  March  2,  1833. 

AN  ACT  further  to  extend  the  term  of  certain  pensions  chargeable  on  the  pri- 
vateer pension  fund. 

p._s  Be  it  enacted,  fcc.,  That  the  pensions  of  all  widows  who 

i       given  11  r  *  i  •  i 

under  the  acts  ofnow  are,  or  have  been  heretofore,  in  the  receipt  thereof,  under 
&aA?rii  is,  i8is'  the  provision  of  the  act  entitled  "An  act  giving  pensions  to  the 
forbefivent^eSsorP^ans  an(^  widows  of  persons  slain  in  the  public  or  private 
longer.  armed  vessels  of  the  United  States,"  passed  the  fourth  day  of 

March,  one  thousand  eight  hundred  and  fourteen,  and  the  act 
entitled  "  An  act  in  addition  to  an  act  giving  pensions  to  the 
orphans  and  widows  of  persons  slain  in  the  public  or  private 
armed  vessels  of  the  United  States,"  passed  the  sixteenth  day 
of  April,  one  thousand  eight  hundred  and-  eighteen,  or  either  of 
said  acts,  so  far  as  regards  persons  receiving  pensions  from  the 
fund  arising  from  captures  and  salvage  made  by  the  private 
armed  vessels  of  the  United  States,  be,  and  the  same  are  hereby, 
continued,  under  the  restrictions  and  regulations  in  the  said  acts 
contained,  for  and  during  the  additional  term  of  five  years  from 
and  after  the  period  of  the  expiration  of  the  said  pensions,  re- 
Proviso.  spectively :  provided,  however,  that  the  said  pensions  shall  be 

paid  from  the  proceeds  of  the  privateer  pension  fund,  and  with- 
out recourse  to  the  United  States  for  any  deficiency  which  may 
Further  proviso,  hereafter  arise  thereon,  if  any  such  there  be:  and  provided, 
further,  that  no  such  pension  shall  be  paid  to  any  widow  after 
her  intermarriage  had,  or  to  be  had. 

APPROVED,  June  19,  1834. 

AN  ACT  for  the  better  organization  of  the  United  States  "  marine  corps." 

SEC.  1.  Be  it  enacted,  fyc.,  That,  from  and  after  the  pas- 
sage  of  tnis  act,  the  marine  corps  shall  consist  of  the  following 
officers,  non-commissioned  officers,  musicians  and  privates,  viz. 
one  colonel  commandant,  one  lieutenant  colonel,  four  majors, 
thirteen  captains,  twenty  first  lieutenants,  twenty  second  lieu- 
tenants, one  adjutant  and  inspector,  one  paymaster,  one  quar- 
termaster, one  assistant  quartermaster,  one  sergeant  major,  one 
quartermaster  sergeant,  one  drum  major,  one  fife  major,  eighty 
sergeants,  eighty  corporals,  thirty  drummers,  thirty  fifers,  and 
one  thousand  privates. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  corps 
he  shall,  at  all  times,  be  subject  to,  and  under  the  laws  and  regu- 
thenTment  of  lati°ns  which  are,  or  may  hereafter  be,  established  for  the  bet- 
Except  when  on  ter  government  of  the  navy,  except  when  detached  for  service 
service  with  the  wkh  the  &rmy  by  Qrder  of  the  presi(lent  of  the  United  States. 


157 


SEC.  3.  And  be  it  further  enacted,  That  the  officers,  non-       1834. 
commissioned  officers,  musicians,  and  privates,  shall  take  the  Enlistments  to  be 
oath  prescribed  by  law,  and  that  all  enlistments  shall  be  for  the  ^S^S^A 
term  of  four  years,  during  which  period  marines,  so  enlisted,  Jjre°bm  arrest  for 
shall  be,  and  are  hereby,  exempt  from  all  personal  arrest  for 
debt  or  contract. 

SEC.  4.    And  be   it  further   enacted,  That  the  officers  of  Rank  of  officers 
the  marine  corps  shall  be,  in  relation  to  rank,  on  the  same  foot-  as 
ing  as  officers  of  similar  grades  in  the  army :  provided,  that  no  proviso. 
officer  of  the  marine  corps  shall  exercise  command  over  any 
navy  yard  or  vessel  of  the  United  States. 

SEC.  5.  And  be  it  further  enacted,  That  the  officers  of  the  Pay  and  emoiu- 
marine  corps  shall  be  entitled  to,  and  receive,  the  same  pay,  m< 
emoluments,  and  allowances,  as  are  now,  or  may  hereafter  be, 
allowed  to  officers  of  similar  grades  in  the  infantry  of  the  army, 
except  the  adjutant  and  inspector,  who  shall  be  entitled  to  the 
same  pay,  emoluments  and  allowances,  as  are  received  by  the 
paymaster  of  said  corps;  and  the  non-commissioned  officers, 
musicians,  and  privates,  shall  be  entitled  to  the  same  pay,  ra- 
tions, clothing,  and  allowances,  as  they  now  receive. 

SEC.  6.   And  be  it  further  enacted,  That  the  staff  of  said  staff. 
corps  shall  be  taken  from  the  captains  or  subalterns  of  the 


co 


>EC.  7.  And  be  it  further  enacted,  That  the  com  missions  Existing  commis- 
of  the  officers  now  in  the  marine  corps  shall  not  be  vacated  by S1< 
this  act,  and  that  the  President  of  the  United  States  may,  during 
the  recess  of  the  Senate,  first  by  promotions  according  to  rank, 
and  then  by  selections,  appoint  the  officers  hereby  authorized, 
which  appointments  shall  be  submitted  to  the  Senate,  at  their 
next  session,  for  their  advice  and  consent. 

SEC.  8.   And  be  it  further  enacted,  That  the  President  be,  President  to  pre_ 
and  he  is  hereby,  authorized  to  prescribe  such  military  regula-scriberegulations 
tions  for  the  discipline  of  the  marine  corps,  as  he  may,  in  his 
judgment,  deem  expedient. 

SEC.  9.  And  be  it  further  enacted,  That  so  much  of  the  parts  of  former 
fourth  section  of  an  act,  passed  the  sixth  day  of  July,  in  the  acts  rePeale(L 
year  one  thousand  eight  hundred  and  twelve,  entitled  "  An  act 
making  further  provision  for  the  army  of  the  United  States,  and 
for  other  purposes,"  or  of  any  other  act  as  authorizes  the  Presi- 
dent to  confer  brevet  rank  on  such  officers  of  the  army,  or  of  Brevet  rank. 
the  marine  corps,  as  shall  have  served  ten  years  in  any  one 
grade,  shall  be,  arid  the  same  hereby  is,  repealed ;  and  so  much 
of  the  second  section  of  an  act  passed  the  sixteenth  of  April, 
one  thousand  eight  hundred  and  eighteen,  entitled  "  An  act 
regulating  the  pay  and  emoluments  of  brevet  officers,"  as  may  Proviso> 
be  applicable  to  the  clause  herein  above  repealed,  shall  be,  and 
the  same  hereby  is,  also  repealed:  provided,  nothing  herein 
shall  affect  any  right  already  acquired  by  ten  years'  expired  ser- 
vice to  brevet  rank. 

SEC.  10.  And  be  it  further  enacted,  That  all  acts  or  parts  AH  acts  inconsis- 


158 

1834.       of  acts  inconsistent  with  the  provisions  of  this  act  be,  and  the 
tent  with  this  act  same  are  hereby,  repealed. 

repealed. 

APPROVED,  June  30,  1834. 

The  following  are  the  acts  herein  referred  to  in  the  ninth  section  : 
AN  ACT  making  further  provision  for  the  army  of  the  United  States,  and  for 
other  purposes. 

Brevet  rank  may      SEC.  4.  And  be  it  further  enacted,  That  the  President  is  hereby  authorized  to 
be  conferred  by  confer  brevet  rank  on  such  officers  of  the  army  as  shall  distinguish  themselves  by 
certalnTases!  m  &aliant  actions  or  meritorious  conduct,  or  who  shall  have  served  ten  years  in  any 
one  grade  :  provided,  that  nothing  herein  contained  shall  be  so  construed  as  to 
entitle  officers  so  brevetted  to  any  additional  pay  or  emoluments,  except  when 
commanding  separate  posts,  districts,  or  detachments,  when  they  shall  be  entitled 
to,  and  receive,  the  same  pay  and  emoluments  to  which  officers  of  the  same  grades 
are  now,  or  hereafter  may  be,  allowed  by  law. 
APPROVED,  July  6,  1812. 

Brevet  officers  to 

receive  pay,  &c.  AN  ACT  regulating  the  pay  and  emoluments  of  brevet  officers. 

ly  when  on  duty  SEC.  1.  Be  it  enacted,  4-c.,  That  the  officers  of  the  army,  who  have  brevet 
with  a  correspon-  commissions,  shall  be  entitled  to,  and  receive,  the  pay  and  emoluments  of  their 
B^et^ommis-  Drevet  rank  when  on  duty,  and  having  a  command  according  to  their  brevet 
sions  hereafter  rank,  and  at  no  other  time. 

only  with  consent      SEC.  2.  And  be  it  further  enacted,  That  no  brevet  commission  shall  hereafter 
be  conferred  but  by  and  with  the  advice  and  consent  of  the  Senate. 
APPROVED,  April  16,  1818. 

AN  ACT  concerning  naval  pensions,  and  the  navy  pension  fund. 

wof  F^nged  SEC.  1.  Beit  enacted,  <$>*c.,  That  all  the  provisions  and  be- 
for5years.  nefits  of  the  act  of  the  twenty- eighth  of  June,  one  thousand 
eight  hundred  and  thirty-two,  entitled,  "  An  act  further  to  ex- 
tend the  pension  heretofore  granted  to  the  widows  of  persons 
killed,  and  who  died  in  the  naval  service,"  be  continued  for 
another  term  of  five  years  to  all  those  widows  who  have  here- 
tofore had  the  benefit  of  the  same,  and  the  same  are  hereby  also 
extended  to  the  widows  of  officers,  seamen,  and  marines,  who 
have  died  in  the  naval  service  since  the  first  day  of  January, 
one  thousand  eight  hundred  and  twenty-four,  or  who  may  die 
in  said  service,  by  reason  of  disease  contracted,  or  of  casualties 
by  drowning  or  otherwise,  or  of  injuries  received  while  in  the  line 
of  their  duty,  and  the  pensions  of  such  widows  shall  commence 
from  the  passage  of  this  act :  provided,  that  every  pension  here- 
by granted  shall  cease  on  the  death  or  marriage  of  such, widow, 
bank  of  coium-  SEC.  2.  And  be  it  further  enacted,  That  there.be  reim- 
bursed be  reim  ^urse(^  to  ^e  navy  pension  fund,  out  of  any  money  in  the  trea- 
sury not  otherwise  appropriated,  the  cost  of  the  stock  of  the 
Bank  of  Columbia,  heretofore  purchased  by  the  commissioners 
of  the  said  fund,  and  which  now  remains  unredeemed  by  the 
said  bank,  together  with  interest  thereon  from  the  period  at 
which  said  bank  ceased  to  pay  interest,  to  the  time  of  the  re- 
imbursement, herein  directed  to  be  made ;  and  at  the  period  of 
said  reimbursement,  the  said  stock  shall  be  transferred,  by  the 
Secretary  of  the  Navy,  to  the  Treasurer  of  the  United  States. 
APPROVED,  June  30,  1834. 


159 

AN  ACT  making  certain  allowances,  and  granting  certain  arrearages,  to  the  cap-        1 834. 

tains  and  subalterns  of  the  United  States  corps  of  marines.  

SEC.  1.  Be  it  enacted ,  $*c.,  That,  from  and  after  the  passage  Act  of  March, 
of  this  act,  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  au-  manneXcorpsedl° 
thorized  to  extend'  the  benefits  of  the  act  of  March,  one  ikon- 
sand  eight  hundred  and  twenty-seven,  entitled  "  An  act  giving 
certain  compensation  to  the  captains  and  subalterns  of  the  army 
of  the  United  States  in  certain  cases  ,"*to  the  captains  and  sub- 
alterns of  the  corps  of  the  United  States  marines  under  similar 
cases.  .  . 

SJEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  Arrearage  of  pay 
the  Navy  be,  and  he  is  hereby,  authorized  to  cause  to  be  settled 
by  the  proper  accounting  officers  of  the  department,  all  arrear- 
ages of  pay  and  allowances  which  shall  be  found  due  the  said 
captains  and  subalterns  of  the  United  States  corps  of  marines 
from  the  period  at  which  the  act  of  March,  one  thousand  eight 
hundred  and  twenty-seven,  above  referred  to,  went  into  opera- 
tion, up  to  the  passage  of  this  act ;  and  that  the  same  be  paid 
out  of  any  moneys  in  the  treasury  not  otherwise  appropriated. 

APPROVED,  June  30,  1834. 

*  AN  ACT  giving  further  compensation  to  the  captains  and  subalterns  of  the 
army  of  the  United  States,  in  certain  cases. 

SEC.  1.  Beit  enacted,  4r.,  That,  from  and  after  the  passing  of  this  act,  each 
captain  and  subaltern  in  the  army  shall  be  allowed  one  additional  ration. 

SEC.  2.  And  be  it  further  enacted,  That  every  officer  in  the  actual  command 
of  a  company  in  the  army  of  the  United  States,  shall  be  entitled  to  receive  ten 
dollars  per  month  additional  pay,  as  compensation  for  his  duties  and  responsibili- 
ties, with  respect  to  the  clothing,  arms  and  accoutrements  of  the  company,  whilst 
he  shall  be  in  the  actual  command  thereof:  provided,  That  no  subaltern  officer 
who  shall  be  in  the  performance  of  any  staff  duty,  for  which  he  receives  an  extra 
compensation,  shall  be  entitled  to  the  additional  ration  herein  provided  for. 

APPROVED,  March  2,  1827. 

AN  ACT  to  authorize  the  President  of  the  United  States  to  direct  transfers  of 
appropriations  in  the  naval  service,  under  certain  circumstances. 

Be  it  enacted,  fyc.,  That,  upon  the  application  of  the  Secre- 
tary of  the  Navy,  the  President  of  the  United  States  shall  have  President  may  di- 

V       .  i  i  •  •    •  .  .  "  ,      reel  transfers  be- 

authonty,  whenever,  in  his  opinion,  the  contingencies  of  the  tween  the  close 
public  service  may  require  it,  at  any  period  between  the  close  of 
the  year,  and  the  passage  of  the  new  naval  appropriation  bills, 
to  direct,  that  a  part  of  the  money  appropriated  for  a  particular 
branch  of  the  naval  service  the  former  year,  to  be  applied  to 
another  branch  of  the  said  service ;  in  which  case  a  special  ac-  Account  thereof 
count  of  the  moneys  thus  transferred,  and  of  their  application,  congress?  b* 
shall  be  laid  before  Congress  previous  to  its  adjournment. 
APPROVED,  June  30,  1834. 


AN  ACT  authorizing  the  purchase  of  live  oak  frames  for  a  frigate  and  sloop  of 
war,  and  for  other  naval  purposes. 

SEC.  1.  Be  it  enacted,  fyc.,  That  the  Secretary  of  the  Navy  S50,ooofor frames 
be,  and  he  is  hereby,  authorized  to  direct  the  procurement,  in  s?ooapfof war?d  a 


160 

1834.       the  usual  mode,  of  a  live  oak  frame  for  a  frigate  to  be  called  the 
~~  Paul  Jones,  and  a  live  oak  frame  for  a  sloop  of  war  to  be  call- 
ed the  Levant;  and  the  sum  of  fifty  thousand  dollars  is  hereby 
appropriated,  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  for  that  purpose. 

$4o,oooforastore  SEC>  5  And  be  it  further  enacted,  That  the  sum  of  forty 
thousand  dollars  be,  and  the  same  is  hereby,  appropriated,  out 
of  any  money  in  the  treasury  not  otherwise  appropriated,  for 
the  building  of  a  naval  store  ship.  [Completed.] 

$70,000  for  two      SEC.  6.  And  be  it  further  enacted,  That  the  sum  of  seven- 
smaii  vessels,      ty  thousand  dollars  be,  and  the  same  is  hereby,  appropriated,  out 
of  any  money  in  the  treasury  not  otherwise  appropriated,  for 
the  building  of  two  small  vessels  of  war,  to  be  rigged  as  brigs 
or  schooners,  at  the  discretion  of  the  navy  department.* 
APPROVED,  June  30,  1834. 


AN  ACT  to  provide  for  rebuilding  the   frigate  Congress. 

$i8i,ooe.  Be  it  enacted,  $Y?.,"That  the  sum  of  one  hundred  and  eigh- 

ty-one thousand  dollars  be,  and  the  same  is  hereby,  appropria- 
ted, out  of  any  money  in  the  treasury  not  otherwise  appropria- 
ted, to  rebuild  the  frigate  Congress ;  and  no  part  of  said  sum 
shall  be  carried  to  the  surplus  fund,  notwithstanding  any  gen- 
eral provision  in  any  other  act  to  the  contrary. 
APPROVED,  June  30,  1834. 


AN  ACT  authorizing  the  Secretary  of  the  Navy  to  make  experiments  for  the 
safety  of  the  steam  engine. 

[Obsolete.] 

secretary  of  the      SEC.  1.  Be  it  enacted,  fyc.,  That  the  Secretary  of  the  Navy 
he,  and  he  is  hereby,  authorized  and  empowered  to  examine 
an(j  test  tne  steam  engine  devised  by  Benjamin  Phillips,  of 
Philadelphia,  and  to   [employ]   said  Phillips,  and  such  other 
persons  as  he  may  deem  proper,  to  make  the  experiment. 
And  to  test  such      SEC.  %'   And  be   it  further  enacted,  That  a  discretionary 
other    improve-  power  be  vested  in  the  Secretary  of  the  Navy  to  examine  and 
deernSparope3r.may  test  such  other  improvements  in  the  same  line  as  may  hereaf- 
ter be  presented,  and  for  that  purpose  to  employ  such  person  or 
persons  as  he  may  deem  proper ;  and  that  he  report  to  Con- 
gress, as  soon  as  may  be,  the  result  of  any  experiment  made  in 
pursuance  of  this  act. 

$5,000  aPProPri-      SEC.  3.  And  be  it  further  enacted,  That,  for  the  purpose  of 
ated  for  that  pur-  carrying  this  act  into  execution,  the  sum  of  five  thousand  dol- 
lars, out  of  any  money  in  the  treasury  not  otherwise  appropria- 
ted, be,  and  is  hereby,  appropriated,  and  placed  at  the  disposal 
of  the  Secretary  of  the  Navy. 
APPROVED,  June  30,  1834. 

*  Brigs  Dolphin  and  Porpoise  built  under  authority  of  this  section. 


161 


AN  ACT  to  regulate  the  pay  of  the  navy  of  the  United  States.  1835L 

SEC.  1.  Be  it  enacted,  fyc.,  That,  from  and  after  the  passage  Annual  pay. 
of  this  act,  the  annual  pay  of  the  officers  of  the  navy  of  the 
United  States  shall  be  as  follows : 

THE     SENIOR    CAPTAIN. 

At  all  times  when  in  service,  four  thousand  five  hundred  dol- 
lars. 

When  on  leave  of  absence,  or  waiting  orders,  three  thousand  $3,590 
iive  hundred  dollars. 


when 


waiting  orders. 


roris. 

$3,500  on  other 

duty. 

$2.500  when  off 

duty. 


ALL    OTHER    CAPTAINS. 

When  in  command  of  squadrons  on  foreign  stations,  four  J^J 
thousand  dollars. 

When  on  other  duty,  three  thousand  five  hundred  dollars. 
When  off  duty,  two  thousand  five  hundred  dollars. 

COMMANDERS,    OR    MASTERS    COMMANDANT. 

When  attached  to  vessels  for  sea  service,  two  thousand 
hundred  dollars. 

When  attached  to  navy  yards,  or  on  other  duty r two  thou- 
sand  one  hundred  dollars. 

When  on  leave  of  absence,  or  waiting  orders,  one  thousand  $1800 when wait- 
eight  hundred  dollars. 

LIEUTENANTS. 


ing  orders. 


Commanding,  one  thousand  eight  hundred  dollars. 
On  other  duty,  one  thousand  five  hundred  dollars. 
Waiting  orders,  one  thousand  two  hundred  dollars. 


$650  waiting  or- 
ders. 
$950  at  sea. 


$1800  when  com- 
manding. 
$1500    on   otficr 
duty. 
$1200  waiting  or- 

ASSISTANT    SURGEONS. 

Waiting  orders,  six  hundred  and  fifty  dollars. 
At  sea,  nine  hundred  and  fifty  dollars. 
After  passing  and  found  qualified  for  promotion  to  surgeon,  $&>o  after  paw- 
eight  hundred  and  fifty  dollars. 

At  sea,  one  thousand  two  hundred  dollars.  $1200  alse«- 

When   stationed  at   navy  yards,  hospitals,  rendezvous,  and  $950    at    navy 
receiving  ships,  nine  hundred  and  fifty  dollars. 

After  being  passed  and  stationed  as  above,  one  thousand  one 
hundred  and  fifty  dollars. 

SURGEONS. 

For  the  first  five  years  after  the  date  of  his  commission,  one  $1000  for  firsts 
thousand  dollars. 

For  the  second  five  years,  one  thousand  two  hundred  dollars.  f 1yJ^r?r  8ecoDd 
For  the  third  five  years,  one  thousand  four  hundred  dollars.  $HOO  for  thirds 
For  the  fourth  five  years,  one  thousand  six  hundred  dollars.  IS' for  fourth  5 
After  he  shall  have  been  commissioned  as  a  surgeon  twenty  J*gJ  if  comm»- 
years  and  upwards,  one  thousand  eight  hundred  dollars.  sioned  20  years. 

All  surgeons  of  the  navy  under  orders  for  duty,  at  navy  one  fourth  m- 
yards,  receiving  vessels,  rendezvous,  or  naval  hospitals,  shallcreascofpay»&e' 
have  an  increase  of  one-fourth  of  the  foregoing  amount  of  their 
respective  annual  pay,  from  the  date  of  their  acceptance  of  such 
orders. 

All  surgeons  of  the  navy  ordered  to  any  of  the  ships  or  ves-  One    l^rd    *•- 
Is  of  the  United  States,  commissioned  for  sea  service,  shall  °r 
11 


162 

1835.       have  an  increase  of  one-third  of  the  foregoing  amount  of  their 
~"  respective  annual  pay,  from  the  date  of  their  acceptance  of  such 

orders.    _ 

on«  half  increase  All  surgeons  of  the  navy,  ordered  as  fleet  surgeons,  shall  have 
an  increase  of  one-half  of  their  respective  annual  pay,  from  the 
date  of  their  acceptance  of  such  orders. 

CHAPLAINS. 

$1200  when  at-      When  attached  to  vessels  for  sea  service,  or  at  navy  yards. 

.ached  to  vessels,  one  ^^  twQ  hundred  dollwg> 


$800  when  absent      When  on  leave  of  absence,  or  waiting  orders,  eight  hundred 

cleave,  *c. 


PROFESSOR    OF    MATHEMATICS. 

$1900.  When  attached  to  vessels  for  sea  service,  or  in  a  yard,  one 

thousand  two  hundied  dollars. 

SECRETARIES. 

$1000.  To  commanders  of  squadrons,  when  commanding  in  chief, 

one  thousand  dollars. 

To   commanders  of  squadrons,  when  not  commanding  in 
8        chief,  nine  hundred  dollars. 

SAILINGM  ASTERS. 

Of  a  ship  of  the  line,  for  sea  service,  one  thousand  one  hun- 

dred dollars. 

$1000,  When  on  other  duty,  one  thousand  dollars. 

$750.  When  on  leave  of  absence,  or  waiting  orders,  seven  hundred 

and  fifty  dollars. 

SECOND  MASTERS. 

$750.  When  attached  to  vessels  for  sea  service,  seven  hundred  and 

fifty  dollars. 

$500*  When  on  other  duty,  five  hundred  dollars. 

$4oo.  When  on  leave  of  absence,  or  waiting  orders,  four  hundred 

dollars. 

PASSED    MIDSHIPMEN. 

$750   when  on      On  duty,  seven  hundred  and  fifty  dollars. 
$600  when  wait-      Waiting  orders,  six  hundred  dollars. 

ing  orders. 

WARRANTED    MASTERS7    MATES. 

$450.  When  attached  to  vessels  for  sea  service,  or  at  navy  yards  r 

four  hundred  and  fifty  dollars. 

When  on  leave  of  absence,  or  waiting  orders,  three  hundred 
dollars. 

MIDSHIPMEN. 

When    attached  to  vessels  for   sea   service,   four  hundred 
dollars. 

$350.  When  on  other  duty,  three  hundred  and  fifty  dollars. 

™  When  on  leave  of  absence,  or  waiting  orders,  three  hundred 

dollars. 

CLERKS. 
$900.  Of  a  yard,  nine  hundred  dollars. 

First  clerk  to  a  commandant  of  a  navy  yard,  nine  hundred 
dollars. 


163 

Second  clerk  to  a  commandant  of  a  navy  yard,  seven  him-       1 835. 
dred  and  fifty  dollars.  fjso. 

To  commanders  of  squadrons,  captains  of  fleets,  and  com- 1500- 
manders  of  vessels,  five  hundred  dollars. 

BOATSWAINS,   GUNNERS,  SAILMAKERS,  CARPENTERS. 

Of  a  ship  of  the  line,  for  sea  service,  seven  hundred  and  fifty  $m 
dollars. 

Of  a  frigate  for  sea  service,  six  hundred  dollars.  ^500- 

When  on  other  duty,  five  hundred  dollars.  $500. 

When  on  leave  of  absence,  or  waiting  orders,  three  hundred  $360. 
and  sixty  dollars. 

Officers  temporarily  performing  the  duties  belonging  to 
of  a  higher  grade,  shall  receive  the  compensation  allowed  to  duties- 
such  higher  grade,  while  actually  so  employed. 

No  officer  shall  be  put  on  furlough  but  at  his  own  request,        ™  on  fur' 
and  all  officers  so  furloughed  shall  receive  one-half  only  of  the 
pay  to  which  they  would  have  been  entitled  if  on  leave  of  ab- 
sence. 

If  any  assistant  surgeon  shall  have  been  absent  from 
United  States,  on  duty,  at  the  time  others  of  his  date  were  certain 
examined,  he  shall,  if  not  rejected  at  a  subsequent  examination, sta 
be  entitled  to  the  same  rank  with  them  ;  and  if,  from  any  cause, 
his  relative  rank  cannot  be  assigned  to  him,  he  will  retain  his 
original  position  on  the  register. 

One  ration  per  day,  only,  shall  be  allowed  to  all  officers  when 
attached  to  vessels  for  sea  service. 

SEC.  2.  And  be  it  further  enacted.  That  no  allowance  shall 
hereafter  be  made  to  any  officer,  in  the  naval  service  of  the 
United  States,  for  drawing  bills,  for  receiving  or  disbursing  mo- 
ney, or  transacting  any  business  for  the  Government  of  the 
United  States,  nor  shall  he  be  allowed  servants,  or  pay  for  ser- 
vants, or  clothing  or  rations  for  them,  or  pay  for  the  same,  nor 
shall  any  allowance  be  made  to  him  for  rent  of  quarters,  or  to 
pay  rent  for  furniture,  or  for  lights  or  fuel,  or  transporting  bag- 
gage. It  is  hereby  expressly  declared  that  the  yearly  allowance 
provided  in  this  act  is  all  the  pay,  compensation  and  allowance, 
that  shall  be  received  under  any  circumstances  whatever,  by 
any  such  officer  or  person,  except  for  travelling  expenses  when 
under  orders,  for  which  ten  cents  per  mile  shall  be  allowed. 

APPROVED,  March  3, 1835. 


AN  ACT  authorizing  the  construction  of  a  dry  dock  for  the  naval  service. 

Be  it  enacted,  fyc.,  That  the  Secretary  of  the  Navy,  under  ,f  100,000  towards 
the  direction  of  the  President  of  the  United  States,  be,  and  he  £?" IS^n  °the 
is  hereby,  authorized  to  purchase  a  site,  should  it  be  deemed  ^aorfb°r  of  New 
most  advisable,  and  to  cause  a  dry  dock  for  the  naval  service  to 
he  constructed,  upon  the  most  approved  plan,  in  the  harbor  of 
New  York  or  its  adjacent  waters ;  and  that  toward  defraying 
the  expense  thereof,  the  sum  of  one  hundred  thousand  dollars 


164 

1836.       be,  and  the  same  is  hereby,  appropriated,  to  be  paid  out  of  any 
"~  money  in  the  treasury  not  otherwise  appropriated. 
APPROVED,  March  3, 1835. 


AN  ACT  making  appropriations  for  the  civil  and  diplomatic  expenses  of  Gov- 
ernment for  the  year  1836. 

-  ^EC>  ^"  ^nd  be  it  further  enacted,  That  it  shall  be  the  duties 
by  the  EX-  of  the  Secretaries  of  State,  of  the  Treasury,  of  the  War  and 
meUnt?&cDepart~Navy  Departments,  and  of  the  Postmaster  General,  and  the 
Secretary  of  the  Senate,  and  Clerk  of  the  House  of  Represen- 
tatives, to  lay  before  Congress,  in  lieu  of  the  statement  now  re- 
quired by  law,  during  the  first  week  in  each  annual  session  of 
Congress,  a  statement  of  the  expenditures  made  by  them  re- 
spectively from  the  contingent  funds  of  their  respective  depart- 
ments and  offices ;  that  of  the  Secretary  of  State  to  include  all 
the  contingent  expenses  of  foreign  intercourse,  and  of  all  the 
missions  abroad,  except  such  expenditures  as  are  settled  upon 
the  certificate  of  the  President ;  said  statements  to  be  abstracts 
of  the  accounts,  with  the  names  of  all  persons  to  whom  pay- 
ments have  been  made,  and  the  amount  paid  to  each. 
APPROVED,  May  9,  1836. 


AN  ACT  explanatory  of  the  act  entitled  "  An  act  to  prevent  defalcations  on  the 
part  of  disbursing  agents  of  the  Government,  and  for  other  purposes." 

Act  of  Jan.  1828,      J3e  it  enacted,  fyc.,  That  the  act  entitled  "  An  act  to  pre- 
to  vent  defalcations  on  the  part  of  the  disbursing  agents  of  the 
Government,  and  for  other  purposes,"  approved  the  twenty-fifth 
of  January,  eighteen  hundred  and  twenty -eight,  shall  not  be 
construed  to  authorize  the  pension  of  any  pensioner  of  the 
United  States  to  be  withheld. 
APPROVED,  May  20,  1836. 


AN  ACT  to  provide  for  the  enlistment  of  boys  for  the  naval  service,  and  to  ex- 
tend the  term  of  the  enlistment  of  seamen. 


ua°tedmaybe  en~      SEC'  1-  Be  if  enactedi  ^.,  That  it  shall  be  lawful  to  enlist 
boys  for  the  navy,  with  the  consent  of  their  parents  or  guardians, 
not  being  under  thirteen  nor  over  eighteen  years  of  age,  to  serve 
until  they  shall  arrive  at  the  age  of  twenty-  one  years  ;  and  it 
-other     persons  shall  be  lawful  to  enlist  other  persons  for  the  navy,  to  serve  for 
for  5  years!1  1S  e  a  period  not  exceeding  five  years,  unless  sooner  discharged  by 
direction  of  the  President  of  the  United  States;  and  so  much  of 
an  act  entitled  "  An  act  to  amend  the  act  entitled  '  An  act  to 
?5thmMay,°i82oJamen(l  tne  act  authorizing  the  employment  of  an  additional 
with  ihL°tctStre^  nava^  force,'  "  approved  fifteenth  May,  one  thousand  eight  hun- 
dred  and  twenty,  as  is  inconsistent  with  the  provisions  of  this 
act,  shall  be,  and  is  hereby,  repealed. 

SEC.  2.  And  be  it  further  enacted,  That  when  the  time  of 
whose  time       service  of  any  person  enlisted  for  the  navy  shall  expire,  while 


165 

he  is  on  board  any  of  the  public  vessels  of  the  United  States       1837. 
employed  on  foreign  service,  it  shall  be  the  duty  of  the  com-  pires  while  on 
manding  officer  of  the  fleet,  squadron,  or  vessel  in  which  such 
-person  may  be,  to  send  him  to  the  United  States  in  some  public  &c- 
or  other  vessel,  unless  his  detention  shall  be  essential  to  the  pub- 
lic interests,  in  which  case  the  said  officer  may  detain  him  until 
the  vessel  in  which  he  shall  be  serving  shall  return  to  the  Uni- 
ted States;  and  it  shall  be  the  duty  of  said  officer,  immediately 
to  make  report  to  the  navy  department  of  such  detention,  and 
the  causes  thereof. 

SEC.  3.  And  be  it  further  enacted,  That  such  persons  as 
may  be  detained  after  the  expiration  of  their  enlistment,  under  iaws,&c.ofnavy. 
the  next  preceding  section  of  this  act,  shall  be  subject,  in  all 
respects  to  the  laws  and  regulations  for  the  government  of  the 

.,     ,      .  i         TT    •       i   ci  i      n  Those    who    re- 

navy,  until  their  return  to  the  United  States,  and  all  such  per-  enlist  to  receive 

sons  as  shall  be  so  detained,  and  all  such  as  shall  voluntarily  addlllonal  pay' 

re-enlist  to  serve  until  the  return  of  the  vessel  in  which  they 

shall  be  serving,  and  their  regular  discharge  therefrom  in  the 

United  States,  shall,  while  so  detained,  and  While  so  serving 

under  their  re- enlistment,  receive  an  addition  of  one-fourth  to 

their  former  pay. 

APPROVED,  March  2,  1837. 

AN  ACT  making  appropriations  for  the  naval  service,  for  the  year  one  thousand 
eight  hundred  and  thirty-seven. 

SEC.  5.  And  be  it  further  enacted,  That,  under  the  laws  ^SweTtf 
providing  for  the  gradual  improvement  of  the  navy,  the  Presi-  a  durable  nature, 
dent  be  authorized  to  cause  articles  of  a  durable  character  to  be 
purchased  for  the  armament  and  equipment,  as  well  as  for  the 
building  of  vessels. 

APPROVED,  March  3,  1837. 

AN  ACT  to  change  the  titles  of  certain  officers  in  the  navy. 

Be  it  enacted^  fyc.,  That,  from  and  after  the  passage  of  this  The   Cities    of 
act,  all  "  masters  commandant"  in  the  navy  shall  be  taken  to  ^anS 
be,  and  shall  be  called  "  commanders,"  and  all  "  sailingmasters"  eei  to  ^ 
shall  be  taken  to  be,  and  shall  be  called  "  masters  :"  but  such  in%&mas!te1rs 
change  of  title  shall  not  impair  or  in  any  way*affect  the  rank,  "masters-" 
pay,  or  privileges,  of  any  master  commandant  or  sailingmaster 
now  in  the  service ;  and  should  they  receive  new  commissions 
or  warrants,  they  shall  respectively  take  rank  from  the  date  of 
their  present  commissions. 

APPROVED,  March  3,  1837. 


AN  ACT  for  the  more  equitable  administration  of  the  navy  pension  fund. 

SEC.  1.  Be  it  enacted,  &fc.,  That  if  any  officer,  seaman,  orHalfpay  to  wid. 
marine  have  died,  or  may  hereafter  die,  in  the  naval  service,  o^JJccrs^stfa" 
leaving  a  widow,  and,  if  no  widow,  a  child  or  children,  such  men,  and'  ma- 
widow,  and  if  no  widow,  such  child  or  children,  shall  be  end-  m"Se  froraC°tne 


166 

183T.      tied  to  receive  half  the  monthly  pay  to  which  the  deceased 

tirrie  of  death  ofwould  have  been  entitled,  under  the  acts  regulating  the  pay  of 

cer,&c.  tj)e  navyj  |n  force  on  t]ie  grst  fay.  Of  Janum-y5  one  thousand 

eight  hundred  and  thirty-five,  to  commence  from  the  time  of 
the  death  of  such  officer,  seaman,  or  marine ;  but  in  case  of  the 
death  or  intermarriage  of  such  widow,  the  half-pay  shall  go  to 
the  child  or  children  of  such  deceased  officer,  seaman,  or  ma- 
rine :  provided,  that  the  half-pay  granted  to  the  child  or  chil- 
dren shall  cease  on  their  death,  or  on  their  attaining  the  age  of 
twenty -one  years. 

Pensions       for      SEC.  2.  And  be  it  further  enacted,  That  the  pensions  which 
•comlmdp8nc? °from  ma^  nave  ^een  grantec^j  °1'  which  may  hereafter  be  granted,  to 
the  time  of  the  officers,  seamen,  and  marines,  in  the  naval  service,  disabled  by 
SSabiedf0'     ns  wounds  or  injuries  received  while  in  the  line  of  their  duty,  shall 
be  considered  to  commence  from  the  time  of  their  being  so  dis- 
abled, and  that  tire  amount  of  pension  to  which  said  officers, 
seamen,  and  marines,  may  be  entitled,  shall  be  regulated  ac- 
cording to  the  pay  of  the  navy  as  it  existed  on  the  first  day  of 
January,  one  thousand  eight  hundred  and  thirty-five. 
Acts  repealed,         SEC.  &  And  be  it  further  enacted,  That  all  acts,  and  parts 
of  acts,  which  may  be  inconsistent  with  the  provisions  of  this 
act,  be,  and  the  same  are  hereby,  repealed,  so  far  as  they  may 
relate  hereto. 

APPROVED,  March  3,  1837. 


AN  ACT  to  authorize  the  President  of  the  United  States  to  cause  the  public 
vessels  to  cruise  upon  the  coast  in  the  winter  season,  and  to  relieve  distressed 
navigators. 

President  autho-  Be  it  enacted,  fyc.,  That  the  President  of  the  United  States 
pubi1ct°vea8sei8tto  ^e>  and  hereby  is,  authorized  to  cause  any  suitable  number  of 
cruise  upon  the  public  vessels,  adapted  to  the  purpose,  to  cruise  upon  the  coast, 

coast  in  the  win-  •        i  •  c    ^  i  i  i-        * 

ter  for  the  relief  in  the  severe  portion  of  the  season,  when  the  public  service  will 
na~  allow   of  il>  and  to  afford  such  aid  to  distressed  navigators  as 
their  circumstances  and  necessities  may  require  ;  and  such  pub- 
lic vessels  shall  go  to  sea  prepared  fully  to  render  such  assist- 
ance. 

APPROVED,  December  22,  1837. 

AN  ACT  to  authorize  the  Secretary  of  the  Navy  to  purchase  a  tract  of  land 
belonging  to  the  heirs  of  John  Harris,  deceased,  being  within  the  limits  of  the 
navy  yard  in  Charlestown,  Massachusetts. 

secretar  of  the  SEC.  1.  Be  it  enacted,  fyc.,  That  the  Secretary  of  the  Navy 
navy  to  purchase  be,  and  he  hereby  is,  authorized  and  required  to  purchase  cer- 
uated"within  the  tain  lands  situated  within  the  limits  of  the  navy  yard  in  Charles- 
ySdSatfchaStown>  iri  the  Stale  of  Massachusetts,  said  land  being  the  pro- 
town  and  belong-  perty  of  the  heirs  of  John  Harris,  late  of  said  Charlestown. 

ing  to  the  heirs  of  *,        J         , 
John  Harris.          deceased. 

secmar  of  the  ^F'C'  2.  And  be  it  further  enacted,  That  the  price  and  value 
navy  and  said  of  sa,id  land  may  be  fairly  and  justly  estimated,  the  Secretary  of 
three  dSnterS-  the  Navy  is  hereby  authorized  to  agree  with  said  heirs  in  se- 


167 

lecting  and  choosing  three  disinterested,  discreet,  suitable  men,       1839. 
who,  after  beinsr  sworn,  and  having  fully  examined  said  land,  ed,  discreet,  suit- 

i     iV         •  i  •          i  •  7     /    •  i_  aWe  men  to  ap- 

shall  estimate  and  appraise  the  same  :  provided,  it  can  be  pur-  praise  said  land 
chased  for  a  reasonable  sum.  ¥£*£!*' 

SEC.  3.  And  be  it  further  enacted,  That  when  the  appraisal  when  said  a£ 

J          ,        ~  .  .  ,  i          *      i          i  praisal    shall    be 

shall  be  made  known  to  the  secretary  aforesaid,  and  a  good  and  made  known  to 
sufficient  deed  of  the  same  land  shall  be  tendered  or  given  to  the  andgoodandS- 
United  States  by  the  said  heirs,  then  the  Secretary  of  the  Navy  f0ciuntsdeh(egshaFi 
shall  pay  said  heirs  the  amount  of  said  appraisal,  being  the  con-  pay  the  amount 
sideration  for  the  premises,  out  of  any  money  in  the  treasury  of 
not  otherwise  appropriated. 
APPROVED,  March  3,  1839. 

AN  ACT  making  appropriations  for  the  naval  service  for  the  year  one  thousand 
eight  hundred  and  thirty-nine. 

SEC.  2.  And  be  it,  further  enacted,  That  it  shall  be  the  duty  sec'y  of  navy  un- 
of  the  Secretary  of  the  Navy,  under  the  direction  of  the  Presi-  p^idTtomakif 
dent,  to  make  preparations  for,  and  to  commence  the  construe-  preparations  for, 

f  .1  i        />  „  .       and       to     com- 

tion  of  three  steam  vessels  of  war,  on  such  models  as  shall  be  mence,  the  con- 
rnost  approved,  according  to  the  best  advices  they  can  obtain,  or  SSS10veMeiar  of 
to  complete  the  construction  of  one  such  vessel  of  war,  upon  a  v™j^  0^°  cc°0IJ[" 
model  so  approved,  as  in  the  opinion  of  the  President  shall  be  struc'tion  of  one, 
best  for  the  public  interest,  and  most  conformable  to  the  demands  Hf'the  president 
of  the  public  service  ;  and  that,  to  enable  the  department  to  carry  theViSter- 
into  effect  this  requirement,  a  part  of  the  sum  already  appropri-  est>  &  mosl  con- 

L     ,  f        .  i     *  ,  •  /.i  i         V  formable  to    the 

ated  for  the  gradual  improvement  of  the  navy,  equal  to  the  sum  demands  of  the 

of  three  hundred  and  thirty  thousand  dollars,  shall  be,  and  is  public  service> 

hereby,  directed  to  be  subject  to  the  disposition  of  the  depart- 

ment for  this  object,  in  case  that  amount  can  be  diverted  from 

that  appropriation  .without  a  violation  of  existing  contracts,  and 

if  that  cannot  be  done  consistently  with  the  rights  of  contractors 

and  the  public  interests,  then  so  much  of  the  said  sum  of  three 

hundred  and  thirty  thousand  dollars  as  can  be  so  diverted  to  this 

object,  from  the  appropriation  referred  to,  shall  be  subject  to  the 

disposition  of  the  Secretary  of  the  Navy  for  this  purpose,  and 

the  residue  of  the  said  sum  of  three  hundred  and  thirty  thousand  $330,000  appro- 

dollars  shall  be,  and  the  same  is  hereby,  appropriated,  and  shall  S^to  any  mlii 

be  paid  out  of  any  money  in  the  treasury  not  otherwise  appro-  rial  now  on  hand, 

priated  :  and  the  said  sum  of  three  hundred  and  thirty  thousand  XSctlon0  '  of 


dollars,  to  be  expended  in  the  manner  in  this  section  prescribed,  gels.xSteam 
shall  be  in  addition  to  any  materials  now  on  hand,  applicable 
to  the  construction  of  the  said  steam  vessels  of  war. 
APPROVED,  March  3,  1839. 

AN  ACT  giving  to  the  President  of  the  United  States  additional  powers  for  the 
defence  of  the  United  States,  in  certain  cases,  against  invasion,  and  for  other 
purposes. 

[Obsolete.] 

SEC.  1.  Be  it  enacted,  frc.,  That  the  President  of  the  United  President 

0  iiii-  i-T  •  rized  to  resist  any 

States   be,  and  he  hereby  is,  authorized  to  ,resist  any  attempt  attempt  of  Great 
on  the  part  of  Great  Britain  to  enforce,  by  arms,  her  claim  to 


168 

184D.  exclusive  jurisdiction  over  that  part  of  the  State  of  Maine  which 
SSwer^hodi/"  *s  *n  Dispute  between  the  United  States  and  Great  Britain  ;  andv 
«i?ed  territqo-.13"  for  that  purpose,  to  employ  ihe  naval  and  military  forces  of  the 
SrVo^es/anii  United  States,  and  such  portions  of  the  militia  as  he  may  deem 
mii't'>  placed  at  it  advisable  to  call  into  service. 

in  the'event  of  SEC.  4.  And  be  it  further  enacted,  That,  in  the  event  of 
16  pro-  either  of  the  contingencies  provided  for  in  this  act,  [an  attempt 
on  tniB  Part  of  Great  Britain  to  enforce  her  claim  ;  or,  actual  in- 
vasion  of  the  territory  of  the  United  States,]  the  President  of 
is  the  United  States  shall  be  authorized  to  complete  the  public 
by  tew"&c°iized  arme(l  vessels  now  authorized  by  law,  and  to  equip,  man,  and 
employ,  in  actual  service,  all  the  naval  force  of  the  United  States, 
and  to  build,  purchase,  or  charter,  arm,  equip,  and  man,  such 
vessels  and  steamboats  on  the  northern:  lakes  and  rivers,  whose 
waters  communicate  with  the  United  States  and  Great  Britain, 
as  he  shall  deem  necessary  to  protect  the  United  States  from  in- 
vasion from  that  quarter. 

This  act  to  con-  SEC.  9.  And  be  it  further  enacted,  That  the  several  pro- 
§*  eo  ^ay^after  visions  of  this  act  shall  be  in  force  until  the  end  of  sixty  days 
next  a^er  tne  meeting  of  the  first  session  of  the  next  Congress,  and 
no  longer. 

APPROVED,  March  3,  1839. 

AN  ACT  to  continue  the  office  of  commissioner  of  pensions,  and  to  transfer  the- 
pension  business,  heretofore  transacted  in  the  navy  department,  to  that  office. 

The  office  of  SEC.  1.  Be  it  enacted,  fyc.,  That  the  office  of  commissioner 
p?n"S°cTntin-  of  pensions  shall  be,  and  the  same  is  hereby,  continued  until 
Madrc"ni843th  of  tne  fourth  day  of  March,  eighteen  hundred  and  forty-three. 

SEC.  2.  And  be  it  further  enacted,  That  a  commissioner  of 

*>  b^ppoiut^df  pensions  shall  be  appointed  by  the  President  of  the  United 

Hisduties          States,  by  and  with  the  advice  and  consent  of  the  Senate  ;  and 

that  he  shall  execute,  under  the  direction  of  the  Secretary  of 

War  and  the  Secretary  of  the  Navy,  such  duties  in  relation  to 

the  various  pension  laws  as  may  be  prescribed  by  the  President. 

SEC.  3.  And  be  it'  further  enacted,  That  the  said  commis- 

And  salary.  .  in  •  11  *  1^1 

Franking  prhi-  sioner  shall  receive  an  annual  salary  01  two  thousand  nve  nun- 
egescxten  to  .  - 


Collars, anj  snai|  }lave  t[ie  privilege  of  sending  and  receiv 
ing  letters  and  packets  by  mail  free  of  postage. 

The  pension  bu-  ^EC*  ^'  ^nd  be  it  further  enacted,  That  the  pension  business, 
sines*  transacted  heretofore  transacted  in  the  navy  department,  shall  be  traiisfer- 
parfmeiuavLans-  red  to  the  office  of  the  commissioner  of  pensions,  and  that  the 
ficreeoft0commi  cler^  now  employed  in  that  business  be  also  transferred  to  that 

sioner  pensions,    office. 

APPROVED,  March  4,  1840. 

AN  ACT  making  provision  for  the  payment  of  pensions  to  the  executors  or  ad- 
ministrators of  deceased  pensioners  in  certain  cases. 

in-case  of  a  pon-  SEC.  1.  Be  it  enacted,  <$•£.,  That  in  case  any  male  pensioner 
Jh°udren  but^nf  sna^  (^e?  leaving  children,  but  no  widow,  the  amount  of  pen- 
widow.  sion  due  to  such  pensioner  at  the  time  of  his  death  shall  be  paid 


169 

.to  the  executor  or  administrator  on  the  estate  of  such  pensioner,      1840. 
for  the  sole  and  exclusive  benefit  of  the  children,  to  be  by  him  ~~ 
distributed  among  them  in  equal  shares,  and  the  same  shall  not 
be  considered  as  a  part  of  the  assets  of  said  estate,  nor  liable  to 
be  applied  to  the  payment  of  the  debts  of  said  estate  in  any  case 
whatever. 


SEC.  2.  And  be  it  further  enacted,  That  in  case  any  pen-  Jj 
sioner  who  is  a  widow  shall  die,  leaving  children,  the  amount  of  widow    leaving 
pension  due  at  the  time  of  her  death  shall  be  paid  to  the  execu-  ° 
tor  or  administrator  for  the  benefit  of  her  children,  as  directed  in 
the  foregoing  section. 

SEC.  3.  And  be  it  further  enacted,  That  in  case  of  the  death  ^,J0a^rof, 
of  any  pensioner,  whether  male  or  female,  leaving  children,  the  ing  children. 
amount  of  pension  may  be  paid  to  any  one  or  each  of  them,  as 
they  may  prefer,  without  the  intervention  of  an  administrator. 

APPROVED,  June  19,  1840. 


AN  ACT  making  appropriations  for  the  naval  service  for  the  year  one  thousand 
eight  hundred  and  forty. 

SEC.  3.  And  be  it  further  enacted.  That  all  appropriations,  AH 

.     y  f  '.      .  .' tions  for  buil 

and  all  remaining  balances  of  appropriations,  heretofore  made  purchasing, 
for  building,  rebuilding,  replacing,  purchasing,  or  repairing  ves-  SfgvefseisforuJe 
sels  of  war,  or  other  vessels,  for  the  use  of  the  navy,  or  for  the  use  of  the  navv» 
purchase  of  timber,  ordnance,  or  any  other  articles  for  building,  hereby  "Sansfer- 
anning,  equipping,  or  repairing  vessels  of  the  navy,  or  for  the  ^appropriation*! 
repairs  of  vessels  in  ordinary,  and  repair,  wear  and  tear  of  ves-  JJ^£e  e*Pended, 
sels  in  commission,  together  with  any  materials  which  have  been, 
or  may  be,  collected  under  any  of  the  said  appropriations,  be, 
and  the  same  are  hereby,  transferred  to  one  head  of  appropria- 
tion, to  be  called  "  the  appropriation  for  the  increase,  repair, 
armament,  and  equipment  of  the  navy,  and  wear  and  tear  of 
vessels  in  commission ;"  and  the  amount  of  said  appropriation, 
and  of  such  other  as  may  be  made  hereafter  for  like  purposes, 
and  the  materials  which  have  been,  or  may  be  hereafter  collect- 
ed for  the  same,  may  be  expended  and  used  by  the  Secretary 
of  the  Navy,  in  building,  replacing,  arming,  repairing,  equip- 
ping, and  employing  any  vessels  which  Congress  may  have 
authorized,  or  may  hereafter  authorize,  to  be  built,  rebuilt,  pur- 
chased, or  replaced,  in  such  manner  as  the  interests  or  necessi- 
ties of  the  service  may  require. 

SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  statements  to  be 
of  the  Secretary  of  the  Navy  to  cause  to  be  laid  before  Congress,  SfamSuSexf 
annually,  as  soon  after  the  beginninsr  of  each  year  as  practica-  pended  the  Pre- 

,  -,  -    ,  -IT        ceding  fiscal  year. 

ble,  a  statement  of  the  amounts  expended  during  the  preceding  for  wages  of  me- 
fiscal  year  for  wages  of  mechanics  and  laborers  employed  in 
building,  repairing,  or  equipping,  vessels  of  the  navy,  or  in  re-  p" 
ceiving  and  securing  stores  and  materials  for  those  purposes;  and  ping  "vessels  of 
for  the  purchase  of  materials  and  stores  for  the  same  purposes ;  a th< 
statement  of  the  cost  or  estimated  value  of  the  stores  on  hand, 
under  this  appropriation,  in  the  navy  yards  at  the  commence- 


iro 

1840.       ment  of  the  next  preceding  fiscal  year;  the  cost  or  estimated 

~~  \Talue  of  articles  received  and  expended  during  the  year  ;  and  the 

cost,  or  estimated  value,  of  the  articles  belonging  to  this  appro- 

priation which  may  be  on  hand  in  the  navy  yards  at  the  close 

of  the  next  preceding  fiscal  year. 

SEC.  5.  And  be  if  further  enacted,  That  whenever,  in  the 
Provisions  mate  °pimon  °^  tne  Secretary  of  the  Navy,  it  shall  be  conducive  to 
rials,  &c.  'when  the  public  interest  to  use  any  article  of  provisions,  materials,  or 
publcciveinter?st  other  stores,  for  a  different  appropriation  from  that  under  which 
m*y  be  "sed  for  they  may  have  been  purchased  for  the  naval  service,  it  shall  be 

a  different  appro-  i  i   •  f     •  \ 

priation  from  that  lawful  for  him  to  authorize  such  use,  and  it  shall  be  his  duty  to 
wererpurchased.y  certify  to  the  Secretary  of  the  Treasury  the  value  or  cost  of  the 
articles  thus  used  ;  and  the  Secretary  of  the  Treasury  is  hereby 
authorized  and  required  to  cause  the  proper  officers  of  the  trea- 
sury to  transfer  the  amount  of  such  cost  or  value  upon  the  books 
of  the  treasury,  *from  the  appropriation  for  which  the  articles 
may  have  been  used,  to  the  appropriation  from  which  they  may 
have  been  or  may  be  taken,  so  that  the  actual  expenditure  un- 
der each  may  be  accurately  shown. 

SEC.  7.  And  be  it  further  enacted,  That  there  be  appropri- 

ated, from  any  money  in  the  treasury  not  otherwise  appropri- 

Survey   of  the  ated,  for  the  immediate  survey  of  the  coast  from  Apalachicola 

coast  from  Apa-  ,  />    i        •»«-••••• 

bay,  to  bay,  to  the  mouth  of  the  Mississippi  river,  for  the  ascertainment 


the  Mississippi.    o£  tjie  practjca|)j}ity  of  establishing  a  navy  yard  and  naval  sta- 
tion which  shall  best  subserve  the  protection  of  the  commerce  of 
the  Gulf  of  Mexico,  the  sum  of  ten  thousand  dollars,  to  be  expen- 
ded under  the  direction  of  the  commissioners  of  the  navy  board, 
Transfers    from      SEC.  8.  And  be  it  further  enacted.  That  whenever  the  Pre- 
prloePr3on°tfoaS-sident  of  the  United  States  shall  have  authorized  the  transfer  of 
paMVretmnt  any  moneys  n"om  any  nead  of  the  naval  appropriations  to  other 
fers  on  the  books  heads  of  naval  appropriations,  as  authorized  by  the  act  of  Con- 
gress, approved  thirtieth  June,  eighteen  hundred  and  thirty-four, 
it  shall  be  the  duty  of  the  Secretary  of  the  Treasury,  immedi- 
ately after  the  naval  appropriations  for  the  year  shall  have  been 
made,  to  cause  all  such  transfers  to  be  repaid,  by  re-transfers  on 
the  books  of  the  treasury,  so  as  to  preserve  for  each  appropria- 
tion the  amount  which  were  granted  by  Congress. 
APPROVED,  July  20,  1840. 

[By  inadvertence,  the  following  law  was  omitted  in  its  proper  place.] 

AN  ACT  concerning  public  contracts. 
SEC.  1.  Be  it  enacted,  frc.  ,  That,  from  and  after  the  passage 

No     member  of     „    ,  '      „      ,.  *  P 

Congress  to  have  of  this  act,  no  member  of  Congress  shall,  directly  or  indirectly, 

iract,PubruierCthe  himself,  of  by  any  other  person  whatsoever,  in  trust  for  him,  or 

authority  of  the  for  njs  use  i  or  benefit,  or  on  his  account,  undertake,  execute, 

hold  or  enjoy,  in  the  whole  or  in  part,  any  contract  or  agree- 

ment hereafter  to  be  made  or  entered  into  with  any  officer  of  the 

United  States,  in  their  behalf,  or  with  any  person  authorized  to 

make  contracts  on  the  part  of  the  United  States  ;  and  if  any 

member  of  Congress  shall,  directly  or  indirectly,  himself,  or  by 

any  other  person  whatsoever,  in  trust  for  him,  or  for  his  use  or 


1T1 

benefit,  or  on  his  account,  enter  into,  accept  of,  agree  for,  under-       1808. 
take,  or  execute,  any  such  contract  or  agreement,  in  the  whole,  Penalty. 
or  in  part,  every  member  so  offending,  shall,  for  every  such  of- 
fence, upon  conviction  thereof,  before  any  court  of  the  United 
States,  or  of  the  territories  thereof,  having  cognizance  of  such 
offence,  be  adjudged  guilty  of  a  high  misdemeanor,  and  shall  be 
fined  three  thousand  dollars ;  and  every  such  contract  or  agree-  Fine  $3,000. 
ment  as  aforesaid  shall,  moreover,  be  absolutely  void  and  of  no  ef- 
fect :  provided,  nevertheless,  that  in  all  cases  where  any  sum  or  Proviso- 
sums  of  money  shall  have  been  advanced  on  the  part  of  the  Uni- 
ted States,  in  consideration  of  any  such  contract  or  agreement,  the  Money  advanced 
same  shall  be  forthwith  repaid  ;  and  in  case  of  refusal  or  delay  to  be  repaid. 
to  repay  the  same,  when  demanded,  by  the  proper  officer  of  the 

"    J  i  A  Persons  refusing, 

department  under  whose  authority  such  contract  or  agreement  with  suretiea,  to 
shall  have  been  made  or  entered  into,  every  person  so  refusing  be  Prosecuted- 
or  delaying,  together  with  his  surety  or  sureties,  shall  be  forth- 
with prosecuted  at  law  for  the  recovery  of  any  such  sum  or 
sums  of  money  advanced  as  aforesaid. 

SEC.  2.  And  be  it  further  enacted,  That  nothing  herein  P™™j°t"%ft*a 
contained  shall  extend,  or  be  construed  to  extend,  to  any  to  incorporated 
contract  or  agreement,  made  or  entered  into,  or  accepted,  by 
any  incorporated  company,  where  such  contract  or  agreement  JSSu 
shall  be  made  for  the  general  benefit  of  such  incorporation  orgreas. 
company ;  nor  to  the  purchase  or  sale  of  bills  of  exchange  or 
other  property  by  any  member  of  Congress,  where  the  same 
shall  be  ready  for  delivery,  and  for  which  payment  shall  be 
made  at  the  time  of  making  or  entering  into  the  contract  or 
agreement. 

SEC.  3.  And  be  it  further  enacted,  That  in  every  such  con- 
tract  or  agreement  to  be  made,  or  entered  into,  or  accepted  ascepted  by  parti- 
aforesaid,  there  shall  be  inserted  an  express  condition  that  no  from  partSpa- 
meraber  of  Congress  shall  be  admitted  to  any  share  or  part  of  JjJJ^Ji.  publie 
such  contract  or  agreement,  or  to  any  benefit  to  arise  thereupon.  Penalticg 

SEC.  4.  And  be  it  further  enacted,  That  if  any   officer  of  officers03  making 
the  United  States,  on  behalf  of  the  United  States,  shall  directly  SSSCmeS2Sr 
or  indirectly  make  or  enter  into  any  contract,  bargain,  or  agree-  congress. 
ment,  in  writing  or  otherwise,  other  than  such  as  are  herein  ex- 
cepted,  with  any  member  of  Congress,  such  officer  so  offending, 
on  conviction  thereof  before  any  court  having  jurisdiction  there- 
of, shall  be  deemed  and  taken  to  be  guilty  of  a  high  misde-  Fine  $3,000. 
meaner,  and  be  fined  in  a  sum  of  three  thousand  dollars.  ^^ 

SEC.  5.  And  be  it  further  enacted,  That,  from  and  after  the  treaSryf  &c.  to 
passing  of  this  act,  it  shall  be  the  duty  of  the  Secretary  of  the™**  toai£Si 
Treasury,  Secretary  of  War,  Secretary  of  the  Navy,  and  the  statements  of 

»-»  %  11  i         i.    *         ^s  contracts     made 

Postmaster  General,  annually  to  lay  before  Congress,  a  state- by  their  depart- 
ment of  all  the  contracts  which  have  been  made  in  their  respec-  mcnta* 
tive  departments,  during  the  year  preceding  such  report,  exhib- 
iting in  such  statement  the  name  of  the  contractor,  the  article 
or  thing  contracted  for,  the  place  where  the  article  was  to  be  de- 
livered, or  the  thing  performed,  the  sum  to  be  paid  for  its  per- 
formance or  delivery,  the  date  and  duration  of  the  contract. 
APPROVED,  April  21,  1808. 


172 

1802. 


RESOLUTIONS  AND  SPECIAL  ACTS. 


RESOLUTION  requesting  the  President  to  present  a  gold  medal  to  Captain 
Thomas  Truxtun  ;  and  respecting  the  conduct  of  Midshipman  James  Jarvis. 

to  ^solved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled.  That 
the  President  of  the  United  States  be  requested  to  present  to 
Captain  Thomas  Truxtun,  a  golden  medal,  emblematical  of  the 
late  action  between  the  United  States'  frigate  Constellation,  of 
thirty-eight  guns,  and  the  French  ship  of  war  La  Vengeance, 
of  fifty-four;  in  testimony  of  the  high  sense  entertained  by 
Congress  of  his  gallantry  and  good  conduct  in  the  above  en- 
gagement, wherein  an  example  was  exhibited  by  the  captain, 
officers,  sailors,  and  marines,  honorable  to  the  American  name, 
and  instructive  to  its  rising  navy. 
Praise  of  James  And  be  it  further  resolved,  That  the  conduct  of  James  Jar- 
v's>  a  ni idshipmaii  in  said  frigate,  who  gloriously  preferred  cer- 
tain death  to  an  abandonment  of  his  post,  is  deserving  of  the 
highest  praise,  and  that  the  loss  of  so  promising  an  officer  is  a 
subject  of  national  regret. 
APPROVED,  March  29,  1800. 


RESOLUTION  expressing  the  sense  of  Congress  on  the  gallant  conduct  of 
Lieutenant  Sterett,  the  officers  and  crew  of  the  United  States'  schooner  Enter- 
prise. 

conduct      Resolved,  fyc.,  That  they  entertain  a  high  sense  of  the  gal- 
Stc.iei          u'lant  conduct  of  Lieutenant  Sterett,  and  the  other  officers,  sea- 
men, and  marines,  on  board  the  schooner  Enterprise,  in  the 
capture   of  a  Tripolitan  corsair  of  fourteen  guns  and  eighty 
men. 

A  sword  to  Lieut.      Resolved,  That  the  President  of  the  United  States  be  request- 
sterett.  ec|  to  present  to  Lieutenant  Sterett  a  sword,  commemorative  of 

Extra  pay  to  other    , 

officers  and  men.  the  aforesaid  heroic  action;  and  that  one  month's  pay  be  al- 
lowed to  all  the  other  officers,  seamen,  and  marines,  who  were 
on  board  the  Enterprise  when  the  aforesaid  action  took  place. 
APPROVED,  February  3,  1802. 


AN  ACT  for  the  relief  of  the  widows  and  orphans  of  certain  persons  who  have 
died  in  the  naval  service  of  the  United  States. 

Pour  months  pay  Be  it  enacted,  $*c.,  That  the  widows,  if  any  such  there  be, 
o'wTlmi  children  and  in  case  there  be  no  widow,  the  child  or  children  of  the  offi- 
of  officers,  &c.  cers,  seamen,  and  marines,  who  were  in  the  service  of  the  Urii- 

loatm  the  Insur-        _.,  J_  ',,  .         i          •   •       T  •    i'  •  •          T-»-    i 

gent  and  Picker-  ted  States,  and  lost  in  the  ship  Insurgent  and  bngantme  Pick- 
ering, shall  be  entitled  to,  and  receive  out  of  any  money  in  the 


173 


treasury  not  otherwise  appropriated,  a  sum  equal  to  four  months'       1804. 
pay  of  their  respective  husbands  or  fathers,  as  aforesaid. 
APPROVED,  April  29,  1  802. 

AN  ACT  for  the  relief  of  the  captors  of  the   Moorish  armed  ships  Meshouda 

arid  Mirboha. 

SEC.  1.  Bv  it  enacted,  fyc.,  That  the  sum  of  eight  thousand  $8,594  so  appro- 
five  hundred  and  ninety-  four  dollars  and  fifty  cents,  being  one 


moietv  of  the  value  of  the  armed  ship  Meshouda,  captured  by  captors   of  the 

.<  .        T    i         T-»      T    Meshouda;    and 

the  frigate  John  Adams,  commanded  by  Captain  John  Rod-  $738  25  for  de- 

gers,  and  restored  to  the  emperor  of  Morocco,  be,  and  the  same  JJSSef  wSfst  the 

is  hereby,  appropriated  for  defraying  the  expense  of  prize  mo- 

ney  due  to  the  captors  ;  and  that  the  further  sum  of  seven  hun-  the  captors, 

dred  and  thirty-eight  dollars  and  twenty-five  cents  be,  and  the 

same  hereby  is,  appropriated  for  defraying  the  expenses  incur- 

red for  the  said  ship,  whilst  in  possession  of  the  captors. 

SEC.  2.  And  be  it  further  enacted.  That  the  further  sum  of  $5,000 
five  thousand  dollars  be,  and  the  same  hereby  is,  appropriated,  S 
for  defraying  the  expense  of  prize  money  due  to  the  officers  ha: 
and  crew  of  the  frigate  Philadelphia,  commanded  by  Captain 
William  Bainbridge,  being  one  moiety  of  the  value  of  the  arrn- 
«d  ship  Mirboha,  captured  by  the  aforesaid  frigate  Philadelphia, 
and  likewise  restored  to  the  emperor  of  Morocco. 

SEC.  3.  And  be  it  further  enacted.  That  the  aforesaid  sev-  TO  be  divided 
eral  sums  shall  be  divided  amongst  the  captors,  respectively,  in  tor  "^according  to 
the  proportion  already  established  by  law,  for  the  distribution  of  Sstr 
prize  money,  and  shall  be  paid  out  of  any  moneys  in  the  trea-  money. 
sury  not  otherwise  appropriated. 

APPROVED,  March  19,  1804. 


RESOLUTION  expressive  of  the  sense  of  Congress  of  the  gallant  conduct  of 
Captain  Stephen  Decatur,  the  officers  and  crew,  of  the  United  States'  ketch 
Intrepid,  in  attacking,  in  the  harbor  of  Tripoli,  and  destroying,  a  Tripolitan  fri- 
gate of  forty  -four  guns. 

Resolved,  $*c.9  That  the  President  of  the  United  States  be  A  sword  to  capt. 


requested  to  present,  in  the  name  of  Congress,  to  Captain  Ste-  JJo'      1 


pay  to 

phen  Decatur,  a  sword,  and  to  each  of  the  officers  and  crew  of  j^r  officers  and 
the  United  States'  ketch  Intrepid,  two  months'  pay,  as  a  testi- 
mony of  the  high  sense  entertained  by  Congress  of  the  gallan- 
try, good  conduct,  and  services  of  Captain  Decatur,  the  officers 
and  crew,  of  the  said  ketch,  in  attacking,  in  the  harbor  of  Tri- 
poli, and  destroying,  a  Tripolitan  frigate  of  forty-  four  guns. 
APPROVED,  November  27,  1804. 


RESOLUTIONS  expressive  of  the  sense  of  Congress  of  the  gallant  conduct  of 
Commodore  Edward  Preble,  the  officers,  seamen,  and  marines  of  his  squad- 
ron. 

Resolved,  $*c.,  That  the  thanks  of  Congress  be,  and  the  same  Thanks 
are   hereby,   presented    to    Commodore   Edward    Preble,  and 
through  him  to  the  officers,  seamen, 'and  marines,  attached  to 


•  1T4 

1808       the  squadron  under  his  command,  for  their  gallantry  and  good 
"conduct  displayed  in  the  several  attacks  on  the  town,  batteries, 

and  naval  force  of  Tripoli,  in  the  year  1804. 

A  gold  medai  to  Resolved,  That  the  President  of  the  United  States  be  re- 
qu,ested  to  cause  a  gold  medal  to  be  struck,  emblematical  of  the 
attacks  on  the  town, "batteries,  and  naval  force  of  Tripoli,  by  the 
squadron  under  Commodore  Treble's  command,  and  to  present 
it  to  Commodore  Preble  in  such  manner  as,  in  his  opinion, 
£ffic™dt°  "  will  be  most  honorable  to  him  :  and  that  the  President  be  fur- 
ther requested  to  cause  a  sword  to  be  presented  to  each  of  the 
commissioned  officers  and  midshipmen  who  have  distinguished 
themselves  in  the  several  attacks. 

A  months' pay  to      -Resolved,  That  one  months'  pay  be  allowed,  exclusively  of 
petty  officers  and  the  common  allowance,  to  all   the  petty  officers,  seamen,  and 
marines,  of  the  squadron,  who  so  gloriously  supported  the  honor 
of  the  American  flag,  under  the  orders  of  their  gallant  com- 
mander, in  the  several  attacks. 

Deep  regret  of     Resolved,  That  the  President  of  the  United  States  be  also 
iX>rf  cajtf  a£  requested  to  communicate  to  the  parents,  or  other  near  relatives, 
mere  and  others.  of  Captain  Richard  Somers,  Lieutenants  Henry  Wadsworth, 
James  Decatur,  James  R.  Caldwell,  Joseph  Israel,  and  Mid- 
shipman John  Sword  Dorsey,  the  deep  regret  which  Congress 
feel  for  the  loss  of  those  gallant  men,  whose  names  ought  to 
live  in  the  recollection  and  affections  of  a  grateful  country,  and 
whose  conduct  ought  to  be  regarded  as  an  example  to  future 
generations. 

APPROVED,  March  3,  1805. 


RESOLUTION  respecting  N.  C.  Nissen,  Danish  consul  at  Tripoli. 

Resolved,  4*c*>  That  the  President  of  the  United  States  be 
requested  to  cause  to  be  made  known  to  Nicholas  C.  Nissen, 
esquire,  his  Danish  majesty's  consul  residing  at  Tripoli,  the 
high  sense  entertained  by  Congress  of  his  disinterested  and  be- 
nevolent attentions  manifested  to  Captain  Bainbridge,  his  offi- 
cers, and  crew,  during  the  time  of  their  captivity  in  Tripoli. 

APPROVED,  April  10>  1806. 


AN  ACT  remitting  the  duties  payable  on  the  importation  of  a  monument  to  be 
erected  in  memory  of  the  officers  of  the  United  States  navy,  who  fell  during 
the  attack  made  on  the  city  of  Tripoli,  in  the  year  one  thousand  eight  hun- 
dred and  four. 

Be  it  enacted,  fyc.,  That  the  duties  payable,  according  to  law, 
on  the  importation  of  a  monument  imported  in  the  frigate  Con- 
stitution from  Italy,  on  account  of  the  officers  of  the  United 
States  navy,  be,  and  they  are  hereby,  remitted. 

APPROVED,  March  13,  1808. 


175  % 

RESOLUTIONS  relative  to  the  brilliant  achievements  of  Captains  Hull,  Decatur,         1813. 

Jones,  and  Lieutenant  Elliott.  — • 

Resolved,  $'c.,  That  the  President  of  the  United  States  be,  Aag£f  m<!d£  ff 
and  he  is  hereby,  requested  to  present  to  Captain  Hull,  of  the  fri-  Decatur)      and 
gate  Constitution,  Captain  Decatur,  of  the  frigate  United  States, Jones> 
and  Captain  Jones,  of  the  sloop  of  war  Wasp,  each,  a  gold 
medal,  with  suitable  emblems  and  devices  ;  and  a  silver  medal,  A  sliver  medal  to 
with  like  emblems  and  devices,  to  each  commissioned  officer  of  ° 
the  aforesaid  vessels,  in  testimony  of  the  high  sense  entertained 
by  Congress  of  the  gallantry,  good  conduct,  and  services,  of  the 
captains,  officers,  and  crews,  of  the  aforesaid  vessels,  in  their  re- 
spective conflicts  with  the  British  frigates  the  Guerriere  and  the 
Macedonian,  and  sloop  of  war  Frolic ;  and  the  President  is  also  A  silver  medal  t» 

,  f  .,  i    i          •  i     i-i  11  11       tne  nearest  male 

requested  to  present  a  silver  medal,  with  like  emblems  and  de-  relative  of  Lieu- 
vices,  to  the  nearest  male  relative  of  Lieutenant  Bush,  and  one  g™nts  Bush  and 
to  the  nearest  male  relative  of  Lieutenant  Punk,  in  testimony  of 
the  gallantry  and  merit  of  those  deceased  officers,  in  whom  their 
country  has  sustained  a  loss  much  to  be  regretted. 

SEC.  2.  And  be  it  further  resolved,  That  the  President 
the  United  States  be,  and  he  hereby  is,  requested  to  present  to 
Lieutenant  Elliott,  of  the  navy  of  the  United  States,  an  elegant 
sword,  with  suitable  emblems  and  devices,  in  testimony  of  the 
just  sense  entertained  by  Congress  of  his  gallantry  and  good 
conduct  in  boarding  and  capturing  the  British  brigs  Detroit  and 
Caledonia,  while  anchored  under  the  protection  of  Fort  Erie. 

APPROVED,  January  29,  1813. 

RESOLUTION  requesting  the  President  of  the  United  States  to  present  medals 
to  Captain  William  Bainbridge,  and  the  officers  of  the  frigate  Constitution. 

Resolved,  fyc.,  That  the  President  of  the  United  States  be,  A  gold  medal  to- 
and  he  is  hereby,  requested  to  present  to  Captain  William  Bain- Captt  Bambridge* 
bridge,  of  the  frigate  Constitution,  a  gold  medal,  with  suitable 
emblems  and  devices ;  and  a  silver  medal,  with  suitable  em- 
blems and  devices,  to  each  commissioned  officer  of  the  said 
frigate,  in  testimony  of  the  high  sense  entertained  by  Congress 
of  the  gallantry,  good  conduct,  and  services  of  Captain  Bain- 
bridge, his  officers  and  crew,  in  the  capture  of  the  British  fri- 
gate Java,  after  a  brave  and  skilful  combat. 

APPROVED,  March  3,  1813. 


AN  ACT  rewarding  the  officers  and  crew  of  the  frigate  Constitution,  and  the 
officers  and  crew  of  the  Wasp. 

Be  it  enacted,  fyc.,  That  the  President  of  the  United  States 
be,  and  he  is  hereby,  authorized  to  have  distributed,  as  prize  mo-  Pnze  money: 
ney,  to  Captain  Isaac  Hull,  of  the  frigate  Constitution,  his  offi-$50000  to  Cap^ 
cers  and  crew,  the  sum  of  fifty  thousand  dollars,  for  the  capture  HUH,  officers  and 
and  destruction  of  the  British  frigate  Guerriere  :   and  the  like cr<         «"•*?• 
sum,  in  like  manner,  to  Captain  William  Bainbridge,  his  offi-  $50,000  to  Capt; 
cers  and  crew,  for  the  capture  and  destruction  of  the  British  fri- 
gate  Java :  and  the  sum  of  twenty-five  thousand  dollars,  in  like 


9  176 

1813.      manner,  to  Captain  Jacob  Jones,  of  the  sloop  of  war  Wasp, 

«25,ooo  to  capt  his  officers  and  crew,  for  the  capture  of  the  British  sloop  of 

c?ew!'°ff       &  war  Frolic:  and  that  the  sum  of  one  hundred  and  twenty-five 

thousand  dollars,  out  of  any  money  in  the  treasury  not  other- 

wise appropriated,  be,  and  the  same  is  hereby,  appropriated  for 

the  purposes  aforesaid. 

APPROVED,  March  3,  1813. 

AN  ACT  to  reward  the  officers  and  crew  of  the  sloop  of  war  Hornet;  and  Lieu- 
tenant Elliott  and  his  officers  and  companions. 

president  amho-  Be  it  enacted,  fyc.,  That  the  President  of  the  United  States 
beed  %sctributed  be,  and  he  is  hereby,  authorized  to  have  distributed,  as  prize 
S°ey%oscaptemoney'  to  CaPL  James  Lawrence,  late  of  the  sloop  of  war 
hif  of£erreiai5  Cornet,  his  officers  and  crew,  or  their  widows  and  children,  the 
crew,  of  the  Hor-  sum  of  twenty-five  thousand  dollars,  for  the  capture  and  de- 
?uerefof  the  Brit-  struction  of  the  British  brig  Peacock  ;  and  to  Lieutenant  Elliott, 


TO  Liut       u  anc*  *"s  °fficers  and  companions,  or  their  widows  and  children, 
his  officers,  and  the  sum  of  twelve  thousand  dollars,  for  the  capture  and  destruc- 
Ji2"oooni°for'  the  tion  of  the  British  brig  Detroit;  and  that  the  sum  of  thirty-seven 
Sou    °f  the  triousand  dollars  be,  and  the  same  is  hereby,  appropriated  to  the 
$37,000  appropri-  purpose  aforesaid,  to  be  paid  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 
APPROVED,  July  13,  1813. 

AN  ACT  for  the  relief  of  the  officers  and  crew  of  the  late  United  States'  bqg 
Vixen.     [See  E.  T.  Satterwhite.  ] 

Accountant  of  SEC.  1.  Be  it  enacted,  $*e.,  That  the  accountant  of  the  navy 
SmcTthe  dVof  department  be,  and  he  is  hereby,  authorized  and  required  to 
departure  of  the  assume  the  day  of  the  departure  of  the  brig  Vixen,  from  a  port 

Vixen  on  her  last          .       TT    .       ,  /  .  .  .    .  * 

Bruise,  as  theday  m  the  United  btates,  on  her  last  cruise,  as  the  day  on  which  the 
cSunthsiCarehtoabe  accounts  of  the  officers  and  crew  of  the  said  brig  shall  be  finally 
finally  settled,  settled  and  balanced:  provided,  that  nothing1  herein  contained 

Proviso:  nothing 

herein  to  deprive  shall  be  construed  to  deprive  the  said  officers  and  crew  of  any 
erew^f^iSmsto  claims  to  further  payment  than  is  allowed  by  this  act,  which 
further  payment,  maVj  on  satisfactory  proof,  appear  to  be  just. 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Navy  be,  and  he  is  hereby,  authorized  to  allow  and  pay,  unto 
tne  officers  and  crew  of  the  said  brig,  such  sum  of  money  as,  in 
«ums  as  may  be  njs  judgment,  may  be  due  to  them  for  their  pay. 

APPROVED,  August  2,  1813. 


RESOLUTIONS  expressive  of  the  sense  of  Congress  of  the  gallant  conduct  of 
Captain  Oliver  H.  Perry,  the  officers,  seamen,  marines,  and  infantry  acting  as 
such,  on  board  of  his  squadron. 

Com.      Resolvnd,  fyc.,  That  the  thanks  of  Congress  be,  and  the  same 

officers  are  hereby,  presented   to   Captain  Oliver  Hazard   Perry,  and 

through  him  to  the  officers,  petty  officers,  seamen,  marines,  and 

infantry  serving  as  such,  attached  to   the  squadron  under  his 

command,  for  the  decisive  and  glorious  victory  gained  on  lake 


irr 

Erie,  on  the  tenth  of  September,  in  the  year  1813,  over  a  Bii-       1814. 
tish  squadron  of  superior  force. 

Resolved,  That  the  President  of  the  United  States  be  request-  Gold  medals 
ed  to  cause  gold  medals  to  be  struck,  emblematical  of  the  ac- 
tion  between  the  two  squadrons,  and  to  present  them  to  Captain 
Perry  and  Captain  Jesse  D.  Elliott,  in  such  manner  as  will  be 

j  r  i      i  i       TA       •  i  i 

most  honorable  to  them  ;  and  that  the  President  be  further  re- 
quested to  present  a  silver  medal,  with  suitable  emblems  and 
devices,  to  each  of  the  commissioned  officers,  either  of  the  navy 
or  army,  serving  on  board,  and  a  sword  to  each  of  the  midship-  , 

J\       .,.     °  ',  TIT-  -11  i    "    A  sword  to  Mid- 

men  and  sailingmasters  who  so  nobly  distinguished  themselves  siupmen,  &c. 

on  that  memorable  day. 

Resolved,  That  the  President  of  the  United  States  be  re-  . 

,  .,  -i    i         •  i      Ti  11  11       A  silver  medal  to 

quested  to  present  a  silver  medal,  with  like  emblems  and  de-  the  nearest  male 
vices,  to  the  nearest  male  relative  of  Lieutenant  John  Brooks,  of  B™£, °fandU a 
the  marines,  arid  a  sword  to  the  nearest  male  relatives  of  Mid-  Barest  male  re* 
shipmen  Henry  Laub  and  Thomas  Claxton,  jr.,  and  to  com-  atiyes  of  Mid-. 
municate  to  them  the  deep  regret  which  Congress  feel  for  the  ciaxum! 
loss  of  those  gallant  men,  whose  names  ought  to  live  in  the  re- 
collection and  affection  of  a  grateful  country,  and  whose  con- 
duct ought  to  be  regarded  as  an  example  to  future  generations. 

Resolved,  That  three  months' pay  be  allowed,  exclusively  of  Three    months' 
the  common  allowance,  to  all  the  petty  officers,  seamen,  ma-  extra  pay  to  petty 

,..,  .  111-1  •,  officers  and  men. 

rines,  and  infantry  serving  as  such,  who  so  gloriously  supported 
the  honor  of  the  American  flag,  under  the  orders  of  their  gallant 
commander,  on  that  signal  occasion. 
APPROVED,  January  6,  1814. 


RESOLUTION  relative  to  the  brilliant  achievement  of  Lieutenants  Burrows  and 

McCall. 

Resolved,  fyc.,  That  the  President  of  the  United  States  be  A  gold  medal  to 
requested  to  present  to  the  nearest  male  relative  of  Lieutenant lhe  neare^  °»aie 
William  Burrows,  and  to  Lieutenant  Edward  R.  McCall,  of  the  Burrows°  ancTto 
brig  Enterprize,  a  gold  medal,  with  suitable  emblems  and  de-  a  sii^^medaua 
vices;  and  a  silver  medal,  with  like  emblems  and  devices,  to other offic«r9- 
each  of  the  commissioned  officers  of  the  aforesaid  vessel,  in  tes- 
timony of  the  high  sense  entertained  by  Congress  of  the  gal- 
lantry and  good  conduct  of  the  officers  and  crew  in  the  conflict 
with  the  British  sloop  Boxer,  on  the  fourth  of  September,  in  the 
year  1813.   And  the  President  is  also  requested  to  communicate  {^^^few* 
to  the  nearest  male  relative  of  Lieutenant  Burrows,  the  deep  Burrows, 
regret  which  Congress  feel  for  the  loss  of  that  valuable  officer, 
who  died  in  jjie  arms  of  victory,  nobly  contending  for  his  coun- 
try's rights  and  fame. 

APPROVED,  January  6,  1814. 

RESOLUTION  relative  to  the  brilliant  achievement  of  Captain  James  Law- 
rence, in  the  capture  of  the  British  vessel  of  war  the  Peacock. 

Resolved,  $«c.,  That  the  President  of  the  United  States  be  re-  A  gold  medai  to 
quested  to  present  to  the  nearest  male  relative  of  Captain  James  JSative1?/  capt! 


178 

1814.       Lawrence,  a  gold  medal,  and  a  silver  medal  to  each  of  the  com- 
jLawrence;  and  a  missioned  officers  who  served  under  him  in  the  sloop  of  war 
other  officere.  l°  Hornet,  in  her  conflict  with  the  British  vessel  of  war  the  Pea- 
cock, in  testimony  of  the  high  sense  entertained  by  Congress  of 
the  gallantry  and  good  conduct  of  the  officers  and  crew  in  the 
Sbyeco^e?sofcaPture  of  tnat  vessel?  and  the  President  is  also  requested  to 
the  loss  of  capt.  communicate  to  the  nearest  male  relative  of  Captain  Lawrence 
the  sense  which  Congress  entertains  of  the  loss  which  the  naval 
service  of  the  United  States  has  since  sustained  in  the  death  of 
that  distinguished  officer. 

APPROVED,  January  11,  1814. 


RESOLUTION  directing  a  sword  to  be  presented  to  the  nearest  male  relation 
of  Midshipman  John  Clark. 

Resolved,  fyc.,  That  the  President  of  the  United  States  be 
A  sword  to  the  requested  to  present  a  sword  to  the  nearest  male  relation  of  Mid- 
nearest  male  rei- shipman  John  Clark,  who  was  slain  gallantly  combating  the 

ative  of  Midship-  i-u.ni  •  i    i        -n   • 

man  Clark,  and  enemy  in  the  glorious  battle  gamed  on  lake  Erie,  under  the 
regret  for  his  loss.  comman(j  of  Captain  Perry,  and  to  communicate  to  him  the 
deep  regret  which  Congress  feels  for  the  loss  of  that  brave  officer. 
APPROVED,  February  19,  1814. 


AN  ACT  for  the  relief  of  David  Porter,  and  his  officers  and  crews. 

Portion  of  money      Be  n  enacted.  4*c.,  That  so  much  of  the  net  proceeds  of  the 

accruing  to  U.  S.  .,      -  .  i  i   •  i  i          i      -n    •       i  <-*  /. 

from  sales  of  cer-  forfeitures  and  penalties  as  have  accrued  to  the  United  States  from 
linquisned18'  'to  the  condemnation  and  sale  of  the  following  vessels  and  their  car- 
Sptofficers0randgoes5  to  wit :  Le  Duc  de  Montebello,  Le  Petite  Chance,  and 
crews.  L'Intrepide,  condemned  and  sold  by  order  of  the  district  court 

of  the  United  States  for  the  Orleans  district,  for  violations  of  the 
laws  of  the  United  States,  be,  and  the  same  are  hereby,  given 
up  and  relinquished  in  favor  of  Captain  David  Porter,  and  of 
the  officers  and  crews  by  whom  the  said  vessels  were  captured, 
as  a  compensation  to  the  said  David  Porter,  and  the  said  offi- 
cers and  crews,  for  their  zeal  and  activity  in  capturing  the  same : 
capt.  P.  authori-  and  that  the  said  Captain  David  Porter  be  hereby  authorized  to 
anddistributeethereceive?  from  the  Secretary  of  the  Treasury,  the  amount  of  the 
same  said  net  proceeds  of  the  aforesaid  sales,  to  be  paid  by  the  said 

Secretary  of  the  Treasury  out  of  any  money  not  otherwise  ap- 
propriated ;  and  upon  receiving  the  same,  the  said  David  Por- 
ter is  authorized  and  instructed  to  distribute  it  amongst  the  said 
officers  and  crews,  in  the  proportions,  and  agreeably  to  the  re- 
gulations of  the  laws  of  the  United  States,  for  th^distribution 
of  prize  money. 

APPROVED,  April  13,  1814. 


AN  ACT  authorizing  the  purchase  of  the  vessels  captured  on  lake  Erie. 
The  Presid't  au-      SEC.  1.  Be  it  enacted,  fyc.,  That  the  President  of  the  United 
S*riBerHis°hC  ves-  States  be,  and  he  is  hereby,  authorized  to  cause  to  be  purchased 


179 

the  British  vessels  which  were  captured  on  lake  Erie  by  the       1814. 
American  squadron,  on  the  tenth  day  of  September,  in  the  year  sels  captured  on 
one  thousand  eight  hundred  and  thirteen  ;  and  the  sum  of  two  J^be  ^rchatS' 
hundred  and  fifty-five  thousand  dollars,  in  payment  for  the  said  paym^tCfo^ 
vessels,  shall  be  distributed  as  prize  money  among  the  captors  to  be  distributed 

,i      .     i  as     prize-money 

Or  their  heirs.  among    the  cap- 

SEC.  2.  And  be  it  further  enacted,  That,  for  carrying  into tors' **c> 
effect  this  act,  a  sum  not  exceeding  two  hundred  and  fifty-five  $255,000  appro- 

*  V  11         i  IT  -11  -11       pnated    for    the 

thousand  dollars  be,  and  the  same  is  hereby,  appropriated,  to  be  purchase. 
paid  out  of  any  money  in  the  treasury  not  otherwise  appropria- 
ted. 

SEC'.  3.  And  be  it  further  enacted,  That  there  be  allow-  $5,000  allowed  to 
ed  and  paid  to   Captain  Oliver  H.  Perry,  out  of  any  money  mSn^hTAafe 
in  the  treasury  not  otherwise  appropriated,  in  addition  to  his  °fpnze  money, 
share  of  prize  money  as  commander  of  the  ship  Lawrence,  the 
sum  of  five  thousand  dollars. 

APPROVED,  April  18,  1814. 


RESOLUTIONS  expressive  of  the  sense  of  Congress  of  the  gallant  conduct  of 
Captain  Thomas  Macdonough,  the  officers,  seamen,  marines,  and  infantry 
serving  as  marines,  on  board  the  United  States'  squadron  on  lake  Champlain. 

Resolved,  fyc.,  That  the  thanks  of  Congress  be,  and  the  same  Thanks  of  con- 
are  hereby,  presented  to  Captain  Thomas  Macdonough,  and,  JSpSiffiSS 
through  him,  to  the  officers,  petty  officers,  seamen,  marines,  and  ough,omcers,sea- 
infantry  serving  as  marines,  attached  to  the  squadron  under  his 
command,  for  the  decisive  and  splendid  victory  gained  on  lake 
Champlain,  on  the  eleventh  of  September,  in  the  year  one 
thousand  eight  hundred  and  fourteen,  over  a  British  squadron 
of  superior  force. 

Resolved,  That  the  President  of  the  United  States  be  request-  Gold 
ed  to  cause  gold  medals  to  be  struck,  emblematical  of  the  ac-  captains  Macdo° 
don  between  the  two  squadrons,  and  to  present  them  to  Captain 
Macdonough  and  Captain  Robert  Henley,  and  also  to  Lieuten- 
ant  Stephen  Cassin,in  such  manner  as  may  be  most  honorable  commissioned  of- 
to  them  ;  and  that  the  President  be  further  requested  to  present  to  ethe^  midsm> 
a  silver  medal,  with  suitable  emblems  and  devices,  to  each  of men- 
the  commissioned  officers  of  the  navy  and  army  serving  on 
board,  and  a  sword  to  each  of  the  midshipmen  and  sailing  mas- 
ters, who  so  nobly  distinguished  themselves  in  that  memorable 
conflict. 

Resolved,  That  the  President  of  the  United  States  be  re-  A 
quested  to  present  a  silver  medal,  with  like  emblems  and  de- 
vices,  to  the  nearest  male  relative  of  Lieutenant  Peter  Gamble,  {Jrmb£c&  Stans- 
and  of  Lieutenant  John  Stansbury,  and  to  communicate  to 
them  the  deep  regret  which  Congress  feel  for  the  loss  of  those 
gallant  men,  whose  names  ought  to  live  in  the  recollection  and 
affection  of  a  grateful  country. 

Resolved,  That  three  months'  pay  be  allowed,  exclusively 

f  .1  11     i  «>  Thre«     months' 

of  the  common  allowance,  to  all  the  petty  officers,  seamen,  ma-  pay  additionai;to 


ISO 

1814.       rines,  and  infantry  serving  as  marines,  who  so  gloriously  sup- 
the  petty  officers,  ported  the  honor  of  the  American  flaff  on  that  memorable  day. 

seamen,  &c. 

APPROVED,  October  20,  1814. 


RESOLUTION  expressive  of  the  sense  of  Congress  relative  to  the  victory  of 
the  Peacock  over  the  Epervier. 

A  gold  medal  to      Resolved,  fyc.,  That  the  President  of  the  United  States  be 

captain  warrmg-  requested  to  present  to  Captain  Lewis  Warrington,  of  the  sloop 

dStoVach^om-of  war  Peacock,  a  gold  medal,  with  suitable  emblems  and  de- 

a^TTswordTo  vices,  and  a  silver  medal,  with  like  emblems  and  devices,  to 

&c  SidtStFmon ' eac^  °^  tne  cormi"ss^orled  officers,  and  a  sword  to  each  of  the 

oftiieiigoddcon-  midshipmen,  and  to  the  sailingmaster,  of  the  said  vessel,  in  tes- 

S^i'e  eBri££  timony  of  the  high  sense  entertained  by  Congress  of  the  gal- 

brig Epemer.     lantrji  and  good  conduct  of  the  officers  and  crew,  in  the  action 

with  the  British   brig  Epervier,  on  the  twenty-ninth  day  of 

April,  in  the  year  one  thousand  eight  hundred  and  fourteen,  in 

which  action  the  decisive  effect  and  great  superiority  of  the 

American  gunnery  were  so  signally  displayed. 

APPROVED,  October  21,  1814. 


RESOLUTION  expressive  of  the  sense  of  Congress  relative  to  the  capture  of 
the  British  sloop  Reindeer,  by  the  American  sloop  Wasp. 

Resolved.  A-c.,  That  the  President  of  the  United  States  be 

A  gold  medal  to  i         '  /-*  •      -r   i  -r»i    i     i  />   i         i 

capt  Biakeiey,  requested  to  present  to  Captain  Johnston  Blakeley,  of  the  sloop 
eaSvecommfcs5  Wasp,  a  gold  medal,  with  suitable  devices,  and  a  silver  medal, 
toffieachan?iSp-  w^^  l*ke  devices,  to  each  of  the  commissioned  officers,  and  also 
man,  &c.,  in  tes-  a  sword  to  each  of  the  midshipmen,  and  the  sailingmaster,  of 


inththe  the  aforesaid  vessel,  in  testimony  of  the  high  sense  entertained 
p^of^y  Congress  of  the  gallantry  and  good  conduct  of  the  officers 
war  Reindeer.  and  crew,  in  the  action  with  the  British  sloop  of  war  Reindeer, 
on  the  twenty-eighth  of  June,  in  the  year  one  thousand  eight 
hundred  and  fourteen  ;  in  which  action  determined  bravery  and 
cool  intrepidity,  in  nineteen  minutes,  obtained  a  decisive  victo- 
ry, by  boarding. 

APPROVED,  November  3,  1814. 


RESOLUTIONS  expressive  of  the  high  sense  entertained  by  Congress  of  the 
gallantry  and  good  conduct  of  Commodore  D.  T.  Patterson,  and  Major  D. 
Carmick,  and  of  the  officers,  seamen,  and  marines,  under  their  command,  in 
the  defence  of  New  Orleans. 

congress  enter-  Resolved,  <$*c.,  That  Congress  entertain  a  high  sense  of  the 
ofinthehi viiornof  va^or  an<^  g00^  conduct  of  Commodore  D.  T.  Patterson,  of  the 
€om.  Patterson,  officers,  petty  officers,  and  seamen,  attached  to  his  command, 
:n'  for  their  prompt  and  efficient  co-operation  with  General  Jack- 
son, in  the  late  gallant  and  successful  defence  of  the  city  of 
New  Orleans,  when  assailed  by  a  powerful  British  force. 
congress  enter-  Resolved,  That  Congress  entertain  a  high  sense  of  the  valor 
oef  and  good  conduct  of  Major  Daniel  Carmick,  of  the  officers,  non- 


181 

commissioned  officers,  and  marines,  under  his  command,  in  the       1816. 
defence  of  the  said  city,  on  the  late  memorable  occasion.  Major  camuck, 

officers,  and  ma- 

APPROVED,  February  22,  1815.  rines- 


AN  ACT  authorizing  the  purchase  of  the  vessels  captured  on  lake  Champlain. 

Be  it  enacted,  fyc.,  That  the  President  of  the  United  States  The  P««id»t  au- 
be,  and  he  is  hereby,  authorized  to  cause  to  be  purchased  the  chasTthe 
British  vessels  which  were  captured  on  lake  Champlain  by  the  onSSLake 
American  squadron,  on  the  eleventh  day  of  September,  in  the  Plain> &c- 
year  eighteen  hundred  and  fourteen ;  and  the  amount  of  the  ^f 
valuation  of  such  captured  vessels,  when  duly  made  and  re-  prize  money,  &c. 
turned  to  the  navy  department,  shall  be  distributed  as  prize  mo- 
ney, among  the  captors  or  their  heirs. 

APPROVED,  March  3,  1815. 


AN  ACT  for  the  relief  of  sundry  persons  in  the  service  of  the  United  States, 
in  consequence  of  the  destruction  of  their  tools  by  fire  at  the  navy  yard. 

SEC.  1.  Be  it  enacted,  fyc.,  That  the  accounting  officers  of  C]aimsfor  losges 
the  navy  be,  and  they  are  hereby,  directed  to  adjust  and  settle  J1^SI1|tdcbyt^ 
all 'claims  for  losses  that  have  been  sustained  by  artificers,  me-  adjusted  and  set- 
chanics,  and  other  workmen,  in  the  employ  and  service  of  thetled' 
United  States,  for  tools  and  other  articles  essential  to,  and  con- 
nected with,  their  trade  and  occupation,  which  have  been  de- 
stroyed hy  fire,  in  consequence  of  burning  the  buildings  of  the 
navy  yard,  in  the  city  of  Washington,  and  to  cause  to  be  paid 
over  to  such  persons,  respectively,  the  amount  found  due  for 
such  losses. 

SEC.  2.  And  be  it  further  enacted,  That  a  sum  not  exceed-  ^50oo 
ing  five  thousand  dollars  be,  and  the  same  is  hereby,  appropria- ted- 
ted,  out  of  any  moneys  in  the  treasury  of  the  United  States 
not  otherwise  appropriated,  to  carry  into  effect  the  objects  of 
this  act. 

APPROVED,  March  3,  1815. 


RESOLUTION  requesting  the  President  to  present  medals  to  Captain  Stewart 
and  the  officers  of  the  frigate  Constitution. 

Resolved,  fyc.,  That  the  President  of  the  United  States  be,  The  President  re- 
and  he  is  hereby,  requested  to  present  to  Captain  Charles  Stew-  ^of^edaTto 
art,  of  the  frigate  Constitution,  a  gold  medal,  with  suitable  em-  captain  Stewart, 
blems  and  devices,  and  a  silver  medal,  with  suitable  emblems  ™  each'commi^ 
and  devices,  to  each  commissioned  officer  of  the  said  frigate,  in  t^maate^con- 
testimony  of  the  high  sense  entertained  by  Congress  of  the  gal-  summon, for  then- 
lantry,  good  conduct,  and  services,  of  Captain  Stewart,  his  of-  fondue^  &c.g°° 
ficers  and  crew,  in  the  capture  of  the  British  vessels  of  war  the 
Cyane  and  the  Levant,  after  a  brave  and  skilful  combat. 

APPROVED,  February  22,  1816. 


182 

1816.         RESOLUTfON  requesting  the  President  to  present  medals  to  Captain  James 
Biddle,  and  the  officers  of  the  sloop  of  war  Hornet. 

The  President  re-  Resolved,  fyc.,  That  the  President  of  the  United  States  be, 
rgeoSiddSep(Se?oand  he  is  hereby,  requested  to  present  to  Captain  James  Bid- 
aaS'verddoSeanto  ^6'  °^  tne  S^°°P  °^  war  Hornet,  a  gold  medal,  with  suitable 
each  commiss'd  emblems  and  devices,  and  a  silver  medal,  with  suitable  em- 
wJr eHorne°CPfor  blems  and  devices,  to  each  commissioned  officer  of  the  said 
S^°°P  °^  war>  m  testimony  of  the  high  sense  entertained  by 
Congress  of  the  gallantry,  good  conduct,  and  services,  of  Cap- 
tain Biddle,  his  officers  and  crew,  in  capturing  the  British  sloop 
of  war  Penguin,  after  a  brave  and  skilful  combat. 
APPROVED,  February  22,  1816. 


AN  ACT  rewarding  the  officers  and  crew  of  the  sloop  of  war  Hornet,  for  the 
capture  and  destruction  of  the  British  sloop  of  war  Penguin. 

$25,000  appropri-      &e  ^  enacted,  fyc.,  That  the  President  of  the  United  States 
ated,to  be  divided  be,  and  he  is  hereby,  authorized  to  have  distributed,  as  prize 

among  the    cap-  ~  v  v^-in  /.     i         i  /*  TT 

tors  of  the  Pen- money,  to  Captain  James  Biddle,  of  the  sloop  of  war  Hornet, 
his  officers  and  crew,  the  sum  of  twenty-five  thousand  dollars, 
for  the  capture  and  destruction  of  the  British  sloop  of  war  Pen- 
guin ;  and  that  the  sum  of  twenty-five  thousand  dollars,  out  of 
any  money  in  the  treasury  not  otherwise  appropriated,  be,  and 
the  same  is  hereby,  appropriated  for  the  purpose  aforesaid, 
APPROVED,  February  28,  1816. 



AN  AC  r  placing  certain  persons  on  the  list  of  navy  pensioners. 

persons  wounded      ^EC-  !•  &e  %  enacted,  fyc.,  That  the  Secretary  of  the  Navy 
at  Dartmoor  Pris- be,  and  he  is  hereby,  authorized  and  required  to  place  on  the 

on,  in  1815,  and  , .    '      £  .  J  > 

the  widows  and  list  of  navy  pensioners,  those  persons  who  were  wounded  at 
Dartmoor  prison,  in  England,  in  the  month  of  April,  1815 ; 
?  tne  widows  and  children  of  such  as  were  killed,  or  who 
died  in  consequence  of  wounds  received,  there ;  and  that,  in  the 
allowance  of  pensions  to  the  persons  aforesaid,  the  regulations 
established  by  law,  in  relation  to  the  placing  persons  on  the  list 
of  navy  pensioners,  be  observed. 

TO   take  effect      SEC.  2.  And  be  it  further  enacted,  That  this  act  shall  be 
from  eih  April,  construe(i  to  take  effect  from  the  sixth  day  of  April,  in  the  year 
1815. 
APPROVED,  April  2,  1816. 

AN  ACT  respecting  the  late  officers  and  crew  of  the  sloop  of  war  Wasp. 

Whereas,  there  is  reason  to  apprehend  that  the  sloop  of  war 
Wasp,  an  armed  ship  of  the  United  States,  and  lately  com- 
manded by  Captain  Johnston  Blakeley,  is  lost : 

SEC.  1.  Be  it  enacted,  $-e.,  That  there  be  allowed  and  paid 
Sowedtore  £7  to  ^  rePresentatives  of  Captain  Johnston  Blakeley,  and  of  each 
sentatives  onSie  of  the  officers  and  crew  aforesaid,  as  is  hereinafter  directed, 
oftu?  was1p?rew  twelve  months'  wages ;  and  that  there  be  paid  to  the  aforesaid 


183 

representatives,  and  to  the  survivors  of  said  officers  and  crew,       1816. 
if  such    there   be,   the   sum  of  fifty   thousand   dollars,  to   be^so.ooowbe 
distributed  as  prize  money  for  the  capture  and  destruction,  by  money.  M 
said  sloop  of  war,  of  the  British  armed  vessels  Reindeer  and 
Avon. 

SEC.  2.  And  be  it  further  enacted,  That  the  distribution  of  "S0  be  distr£~ 
said  wages  and  compensation  shall  be  as  follows,  viz  :  one-third 
to  the  widow,  and  two-third  parts  to  the  children  of  the  de- 
ceased ;  and  in  case  there  be  no  child,  the  whole  to  the  widow ; 
and  if  there  be  no  widow,  then  to  the  child  or  children  ;  and 
if  there  be  neither  widow  nor  child,  then  to  the  parent  or  pa- 
rents ;  and  if  there  be  no  parent,  then  to  the  brothers  and  sis- 
ters ;  and  if  there  be  neither  brother  nor  sister,  then  such  share 
or  shares  not  claimed  as  aforesaid,  shall  be  and  remain  part  of 
the  navy  pension  fund  ;  arid  the  sums  aforesaid  shall  be  paid 
out  of  any  moneys  in  the  treasury  not  otherwise  appropriated : 
provided,  that  in  all  cases  in  which  there  shall  be  only  one  Proviso. 
child,  the  widow  shall  have  an  equal  share  with  the  child. 

SEC.  3.  And  be  it  further   enacted,  That   the    Secretary  Prize-agent  to  be 
of  the  Navy  be,  and  he  is   hereby,  authorized  and  required appou 
to  appoint  a  prize  agent,  whose  duty  it  shall  be  to  disburse  the 
moneys  aforesaid,  or  to  refund  any  balance  thereof,  under  such 
rules  and  regulations  as  the  said  Secretary  may  prescribe ;  and 
that  all  moneys  not  claimed  by  virtue  of  this  act  within  two  J^ed  ^™% 
years  from  the  day  when  said  sums  shall  be  put  at  the  disposal  years,  to  be  add- 
of  the  said  prize  agent,  shall  be  deemed  and  held  a  part  of  the  fund! thepen 
navy  pension  fund. 

APPROVED,  April  20,  1816. 

AN  ACT  rewarding  the  officers  and  crew  of  the  Constitution  for  the  capture 
of  the  British  sloop  of  war  Levant. 

Be  it  enacted,  $*c.,  That  the  President  of  the  United  Stat 
be,  and  he  hereby  is,  authorized  to  have  distributed  as  prize  money. 
money,  to  Captain  Charles  Stewart,  late  of  the  frigate  Consti- 
tution, his  officers  and  crew,  the  sum  of  twenty-five  thousand 
dollars,  for  the  capture  of  the  British  sloop  of  war  Levant ;  and 
that  the  sum  of  twenty-five  thousand  dollars,  out  of  any  money 
in  the  treasury  not  otherwise  appropriated,  be,  and  the  same  is 
hereby,  appropriated  for  the  purpose  aforesaid. 

APPROVED,  April  26,  1816. 

AN  ACT  providing  for  the  distribution  of  one  hundred  thousand  dollars  among 
the  captors  of  the  Algerine  vessels  captured  and  restored  to  the  Dey  of  Al- 
giers. 

Be  it  enacted,  fyc.,  That  the  sum  of  one  hundred  thousand  f^'J^*0  Jj 
dollars  be,  and  the  same  is  hereby,  appropriated,  to  be  paid  out  prize-money. 
of  any  money  in  the  treasury  not  otherwise  appropriated,  and 
distributed  in  the  same  proportions  and  under  the  same  regula- 
tions as  prize  money  is  now  by  law  directed  to  be  distributed, 
among  the  captors  of  the  Algerine  vessels,  captured  by  the 


184. 

1817.       American  squadron,  under  the  command  of  Commodore  Ue- 
""  catur,  and  afterwards  restored  to  the  Dey  of  Algiers. 
APPROVED,  April  27,  1816. 


AN  ACT  for  the  relief  of  George  T.  Ross,  Daniel  T.  Patterson,  and  the  offi- 
cers and  men  lately  under  their  command. 

$50,000,  accruing  Be  it  enacted,  $*c.,  That  so  much  of  the  net  proceeds  of 
foVfeiturToVve™ tne  forfeitures  and  penalties,  not  exceeding  fifty  thousand  dol- 
aeia  captured  at  lars,  as  has  accrued  to  the  United  States  by  the  condemnation 

Barratana.  relm-         i        i         /*    i  i  11-  i  •    i  i 

quisned  to  the  and  sale  of  the  vessels  and  their  cargoes,  which  were  taken  near 
the  island  of  Barrataria,  on  the  western  coast  of  Louisiana,  on 
the  sixteenth  day  of  September,  one  thousand  eight  hundred 
and  fourteen,  by  a  land  and  naval  force,  under  the  command  of 
Colonel  George  T.  Ross  and  Captain  Daniel  T.  Patterson,  and 
which  were  condemned  and  sold  by  order  of  the  district  court 
of  the  United  States  for  the  Orleans  district,  for  violation  of 
laws  of  the  United  States,  be,  and  the  same  are  hereby,  given 
up  and  relinquished  in  favor  of  the  said  George  T.  Ross,  and 
Daniel  T.  Patterson,  and  of  their  officers  and  men,  for  their 
zeal,  activity,  and  courage,  in  capturing  the  same.  And  the 
Secretary  of  the  Treasury  is  hereby  authorized  to  pay  to  the 
said  George  T.  Ross  and  Daniel  T.  Patterson,  the  amount  of 
the  said  net  proceeds  of  the  said  sales,  not  exceeding  fifty  thou- 
sand dollars,  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  to  be  distributed  among  the  land  and  naval  forces 
employed  in  the  capture  of  the  said  vessels,  in  such  propor- 
tions, and  under  such  regulations,  as  the  secretaries  of  war  and 
navy,  with  the  approbation  of  the  President,  shall  prescribe  and 
determine. 

APPROVED,  April  27,  1816. 


AN  A  CT  in  addition  to  "  An  act  for  the  relief  of  George  T.  Ross  and  Daniel 
T.  Patterson,  and  the  officers  and  men  lately  under  their  command." 

Be  it  enacted,  fyc.,  That,  for  the  purpose  of  carrying  into 
JfhewaSre3amx- effect  tlie  act,  entitled  "An  act  for  the  relief  of  George  T. 
vy  authorized  to  Ross  and  Daniel  T.  Patterson,  and  the  officers  and  men  lately 

draw  money, and          -,          ,  ,  ,.      ,  „  -, 

appoint  agents  to  under  their  command,"  the  secretaries  of  war  and  navy  are 
disburse  u,  &c.    liereby  authorized  and  required,  by  and  with  the  approbation 
of  the  President  of  the  United  States,  to  draw,  by  their  war- 
rant, or  warrants,  from  the  treasury  of  the  United  States,  out  of 
any  moneys  therein  not  otherwise  appropriated,  by  the  said 
act,  and  to  appoint  an  agent  or  agents  to  disburse  the  same,  ac- 
cording to  the  true  intent  and  meaning  of  the  act  aforesaid. 
APPROVED,  February  22,  1817. 

AN  ACT  for  the  relief  of  the  widows  and  orphans  of  the  officers,  seamen,  and 
marines,  who  were  lost  in  the  United  States'  brig  Epervier. 

The  widows  and      Be  it  enacted,  (Jrc.,  That  the  widows,  if  any  such  there  be, 
m  case  there. be  no  widow,  the  child  or  children,  if  there 


185 

be  no  child,  then  to  the  parents  or  parent,  and  if  there  be  no  1818. 
parent,  then  to  the  brothers  and  sisters,  of  the  officers,  seamen,  in  the 
and  marines,  who  were  in  the  service  of  the  United  States,  and  months'eipay  Si- 
lost  in  the  brig  Epervier,  shall  be  entitled  to  and  receive,  out  of  (litional> &c- 
any  money  in  the  treasury  not  otherwise  appropriated,  a  sum 
equal  to  six  months'  pay,  of  their  respective  deceased  relatives 
aforesaid,  in  addition  to  the  pay  due  to  the  said  deceased  on  the 
fourteenth  day  of  July,  one  thousand  eight  hundred  and  fif- 
teen, to  which  day  the  arrears  of  pay  due  the  deceased  shall  be 
allowed  and  paid  by  the  accounting  officers  of  the  navy  depart- 
ment. 

APPROVED,  March  3,  1817. 


BY  THE  PRESIDENT  OF  THE   UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  an  arrangement  was  entered  into,  at  the  City  of 
Washington,  in  the  month  of  April,  in  the  year  of  our  Lord  one  Americn 
thousand  eight  hundred  and  seventeen,  between  Richard  Rush, 
Esquire,  at  that  time  acting  as  Secretary  for  the  Department  of on  the  lakes- 
State  of  the  United  States,  for  and  in  behalf  of  the  Government 
of  the  United  States ;  and  the  right  honorable  Charles  Bagot, 
his  Britannic  majesty's  envoy  extraordinary  and  minister  plen- 
ipotentiary, for  and  in  behalf  of  his  Britannic  majesty ;  which 
arrangement  is  in  the  words  following,  to  wit : 

"  The  naval  force  to  be  maintained  upon  the  American 
lakes,  by  his  majesty  and  the  Government  of  the  United  States, 
shall  henceforth  be  confined  to  the  following  vessels  on  each 
side ;  that  is — 

"  On  lake  Ontario,  to  one  vessel  not  exceeding  one  hundred  Lake  Ontario,]  3 
tons  burden,  and  armed  with  one  eighteen  pound  cannon. 

"  On  the  upper  lakes,  to  two  vessels,  not  exceeding  like  bur-  upper  lakes. 
den  each,  and  armed  with  like  force.  *  . 

"  On  the  waters  of  lake  Champlain,  to  one  vessel  not  ex-^akechampiain. 
ceeding  like  burden,  and  armed  with  like  force. 

"  All  other  armed  vessels  on  these  lakes  shall  be  forthwith  Oth«r  ******* lo 

.,  be  dismantled, 

dismantled,  and  no  other  vessels  of  war  shall  be  there  built  or 
armed. 

"  If  either  party  should  hereafter  be  desirous  of  annulling  stipulation  may 
"this  stipulation,  and  should  give  notice  to  that  effect  to   the  months' 
other  party,  it  shall  cease  to  be  binding  after  the  expiration  of 
six  months  from  the  date  of  such  notice. 

<•  The  naval  force  so  to  be  limited  shall  be  restricted  to  such 
services  as  will,  in  no  respect,  interfere  with  the  proper  duties 
of  the  armed  vessels  of  the  other  party." 

And  whereas,  the  Senate  of  the  United  States  have  approv-  Arrangement  ap- 
ed of  the  said  arrangement,  and  recommended  that  it  should  be  KrXneTby 
carried  into  effect;  the  same  having  also  received  the  sanction  Prince  Regent, 


186 

1818-      of  his  royal  highness  the  Prince  Regent,  acting  in  the  name  and 
on  the  behalf  of  his  Britannic  majesty  : 

Now,  therefore,  I,  James  Monroe,  President  of  the  United 

and°effe$  force  ^tates?  ^°>  bv  tms?  mY  proclamation,  make  known  and  declare, 

that  the  arrangement  aforesaid,  and  every  stipulation  thereof,  has 

been  duly  entered  into,  concluded,  and  confirmed,  and  is  of 

full  force  and  effect. 

Given  under  my  hand,  at  the  City  of  Washington,  this 
twenty-eighth  day  of  April,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  eighteen,  and  of  the  inde- 
pendence of  the  United  States  the  forty-second. 

JAMES  MONROE. 

By  the  President : 

JOHN  Q,UINCY  ADAMS, 

Secretary  of  State. 


AN  ACT  authorizing  the  distribution  of  a  sum  of  money  among  the  represen- 
tatives of  Commodore  Edward  Preble,  and  the  officers  and  crew  of  the  brig 
Syren. 

$2,5oo  appropria-  Be  it  enacted,  t^'c.,  That  the  sum  of  two  thousand  five  hun- 
Sey  among  The  dred  dollars  is  hereby  appropriated,  out  of  any  money  in  the 
representatives  of  treasury  not  otherwise  appropriated;  which  sum  shall  be  dis- 

f.'OmiJ1.        Jrr6DlCj         •ill  i  d  /•       1          TVT  • 

captain  Stewart,  tributed  by  the  secretary  of  the  INavy,  as  prize  money,  among 
on£ee§yren,rkc!  the  representatives  of  Commodore  Edward  Preble,  deceased, 
ofeti»ePSp?atee3  anc*  Captain  Charles  Stewart,  the  officers  and  crew  of  the  brig 
value  of  the  brig  of  war  Syren,  or  to  the  representatives  of  such  as  may  be  dead, 
?d™fXeesyre£  on  account  of  their  proportion  of  the  sum  of  five  thousand  doi- 
&c>  lars,  the  appraised  value  of  the  brig  Transfer,  captured  by  the 

said  brig  Syren,  for  a  breach  of  the  blockade  of  the  port  of  Tri- 
poli, in  the  year  eighteen  hundred  and  four,  during  the  war 
carried  on  by  the  United  States  against  that  power ;  the  said 
brig  Transfer  having  been  taken  into  the  service  of  the  United 
States  by  Commodore  Edward  Preble,  commander  of  the 
blockading  squadron  ;  which  brig  was  regularly  condemned,  as 
a  good  prize,  by  sentence  of  a  court  of  admiralty. 
APPROVED,  February  4,  1819. 


AN  ACT  to  remit  the  duties  on  a  sword  imported  to  be  presented  to  Captain 
Thomas  Macdonough,  of  the  United  States  navy. 

Duties    on    the      J$e  it  enacted,  d'c.,  That  the  duties  which  have  accrued,  or 

sword   presented       «•   i  •  .       <i        TT    •      j   o*    A-  Ai 

to  capt  Macdo-  which  may  accrue,  to  the  United  States,  upon  the  importation 
Sf"hecrewofhthef°f  a  sword,  to  be  presented  to   Captain  Thomas  Macdonough, 
Guemere,  remit-  of  Qie  United  States  navy,  in  behalf  of  the  petty  officers,  sea- 
men, and  marines,  who  served  on  board  the  frigate  Guerriere, 
when  she  was  lately  under  his  command  in  the  Mediterranean, 


1ST 

which  sword  is  represented  to  be,  or  lately  to  have  been,  in  the       1822. 
custody  of  the  collector  of  the  district  of  New  York,  be,  and  the 
said  duties  are  hereby,  remitted. 
APPROVED,  April  17,  1822. 


AN  ACT  for  the  relief  of  sundry  citizens  of  Baltimore. 

Be  it  enacted,  $*c.,  That,  for  the  detention  of  the  vessels 
sunk  at  the  mouth  of  the  harbor  of  Baltimore,  in  the  month  of 
September,  one  thousand  eight  hundred  and  fourteen,  there  j£ 
shall  be  paid  to  the  owners  thereof,  respectively,  or  to  their  le- 
gal  representatives,  such  sums  as  shall  be  found  just  and  rea-  ascertains  as  the 
sonable,  to  be  computed  from  the  seventeenth  of  February, 
one  thousand  eight  hundred  and  fifteen,  to  the  time  when  the 
said  vessels  were  respectively  delivered  to  their  owners,  and 
from  thence  to  the  termination  of  the  period  necessary  to  repair 
such  injuries  as  were  shown  to  have  been  done  by  sinking,  and 
proof  of  which  is  exhibited  in  a  copy  of  the  original  estimates, 
verified  at  Baltimore,  by  Thorndike  Chase  and  John  Snyder, 
on  the  twentieth  day  of  February,*  one  thousand  eight  hun- 
dred and  twenty ;  the  several  sums  to  be  ascertained  in  such 
manner  as  the  Secretary  of  the  Navy  shall  direct ;  and  which, 
when  ascertained,  shall  be  paid  out  of  any  money  in  the  trea- 
sury not  otherwise  appropriated. 

APPROVED,  April  26,  1882. 


AN  ACT  explanatory  of  an  act  for  the  relief  of  sundry  citizens  of  Baltimore. 

Be  it  enacted,  fyc.,  That  the  act,  entitled  "  An  act  for  the  Formexact  tobe 
relief  of  sundry  citizens  of  Baltimore,"  shall  be  so  construed  construed  to  refer 
as  to  refer  to  a  copy  of  estimates  verified  at  Baltimore  by  Thorn- 
dike  Chase  and  John  Snyder,  on  the  twenty-eighth  day  of 
February,  one  thousand  eight  hundred  and  twenty,  instead  of 1822- 
the  twentieth  day  of  February  aforesaid. 

APPROVED,  May  7,  1822. 


AN  ACT  rewarding  the  officers  and  crews  of  two  gigs,  or  small  boats,  under 
the  command  of  Lieutenant  Francis  H.  Gregory,  of  the  United  States  navy. 

Be  it  enacted,  $•£.,  That  the  President  of  the  United  States 
be,  and  he  is  hereby,  authorized  to  have  distributed  as  prize  mo- 
ney to  Lieutenant  Francis  H.  Gregory,  of  the  United  States 
navy,  and  the  officers  and  crews  of  two  gigs,  or  small  boats, 
under  his  command,  or  to  their  legal  representatives,  the  sum 
of  three  thousand  dollars,  for  the  capture  and  destruction  of  a 
British  gun-boat,  called  the  Black  Snake,  in  the  river  St.  La  w 
rence,  on  the  nineteenth  day  of  June,  one  thousand  eight  hun 
dred  and  fourteen,  and  that  the  said  sum  of  three  thousand  doL 

*  See  explanatory  act  of  May   7,  1822.     Also,  acts  of  May  29,  1830,  and 
March  2,  1833. 


,  '      188 

_  lars  be,  and  the  same  is  hereby,  appropriated,  for  the  purpose 
aforesaid,  out  of  any  moneys  in  the  treasury  not  otherwise  ap- 
propriated. . 

APPROVED,  May  4,  1824. 


AN  ACT  for  the  relief  of  the  widows  and  orphans  of  the  officers,  seamen,  and 
marines,  of  the  sloop  of  war  Hornet. 

Certain  relatives      Be  it  enacted,  fyc.,  That  the  widows,  if  any  such  there  be, 
Hornet,'*  endued  and  in  case  there  be  no  widow,  the  child  or  children ;  and  if 
£ay,si£  SdSSSw^6*16  be  no  cmld>  tnen  tne  parent  or  parents;  and  if  there  be 
10  fe^6  Sept'  no  Par£nt>  tnen  tne  brothers  and  sisters  of  the  officers,  seamen, 
and  marines,  who  were  in  the  service  of  the  United  States,  and 
lost  in  the  United  States'  sloop  of  war  Hornet,  shall  be  entitled 
to,  and  receive,  out  of  any  money  in  the  treasury  not  other- 
wise appropriated,  a  sum  equal  to  six  months'  pay  of  their  re- 
spective deceased  relatives,  aforesaid,  in  addition  to  the  pay  due 
to  the  said  deceased,  on  the  tenth  day  of  September  last,  up  to 
which  day  the  arrears  of  pay  due  the  deceased  shall  be  allowed 
and  paid  by  the  accounting  officers  of  the  navy  department, 
APPROVED,  April  24,  1830. 


AN  ACT  for  the  relief  of  sundry  owners  of  vessels  sunk  for  the  defence  of 

Baltimore. 

value  to  be  as-      SEC.  1.  Be  it  enacted,  fyc.,  That  the  third  auditor  of  the 
treasury  ascertain  the  value  of  the  following  vessels,  at  the  time 
they  were  taken  to  be  sunk  for  the  defence  of  the  city  of  Bal- 
timore, in  the  year  one  thousand  eight  hundred  and  fourteen, 
to  wit:  the  ships  Thomas  Wilson,  Chesapeake,  Adriana,  Scio- 
ta,   Temperance,   Pabius,  India  Packet,  Mars,  and  Nancy; 
brigs  Aid,  George,  Swallow,  Blanche,  Sally,  Eliza,  Betsey,  Fa- 
ther and  Son,  and  Ann ;  schooners  Scudder,  Ann,  Columbia, 
Enterprise,  and  Packet,  and  the  sloop  Rosanna ;  and  to  allow 
to  the  owners,  respectively,  the  amount  of  twenty-five  per  cen- 
By  disinterested  turn  on  said  valuation  :  provided,  that  in  each  and  every  case, 
testimony.         fae  sa^  valuation  shall  be  duly  established  by  full  and  compe- 
tent disinterested  testimony,  and  that  the  damages  sustained  in 
the  vessels  in  question,  by  being  sunk  and  raised  exclusively, 
was  to  the  full  extent  of  the  said  per  centum  over  and  above 
all  the  amount  or  amounts  heretofore  received  for  said  dama- 
ges by  said  owners,  or  their  legal  representatives,  respectively  ; 
That  the  vessels  and  provided,  also,  that  the  said  vessels,  at  the  time  they  were 
when  takeri°rthy  taken,  were  sound  and  sea- worthy,  and  would  have  remained 
sea-worthy  at  the  return  of  peace  in  one  thousand  eight  hun- 
dred and  fifteen;  and  provided,  also,  that  in  no  instance  where 
any  vessel  is  not  proven  to  have  been  sea-worthy  at  the  time 
r   she  was  taken  to  be  sunk,  shall  a  greater  allowance  be  made 

Compensation  for  «n         •  i  i  • 

vessels  not  sea-  than  will,  with  the  money  heretofore  received  for  damage  and 
detention  of  such  vessel,  and  the  value  thereof  at  the  time  she 
was  raised,  with  such  rigging  or  other  articles  as  have  been  sold 


189 

or  reserved  by  the  proper  owner,  amount  to  the  value  of  the      1832. 
vessel  at  the  time  she  was  taken  to  be  sunk. 

SEC.  2.  And  be  it  further  enacted,  That  the  amount  so  Appropriation, 
found  by  the  third  auditor  shall  be  paid  to  the  owners  respec- 
tively, or  to  their  legal  representatives,  by  the  Secretary  of  the 
Treasury,  out  of  any  money,  not  otherwise  appropriated  or  be 
applied  on  debts  due  by  them  to  the  United  States,  as  the  case 
may  be. 

APPROVED,  May  29,  1830. 


AN  ACT  making  appropriations  for  naval  service  for  the  year  1831. 

For  rebuilding  and  removing  the  monument,  erecfed  in  the  Removing mon»- 
navy  yard  at  Washington,  by  the  officers  of  the  American  navy,  ™ard*  $2a,ioo.navx 
to  the  memory  of  those  who  fell  in  battle  in  the  Tripolitan  war, 
a  sum  not  exceeding  twenty-one  hundred  dollars,  to  be  ex- 
pended under  the  orders  of  the  Secretary  of  the  Navy. 

APPROVED,  March  2,  1831. 


AN  ACT  making  appropriations  for  the  support  of  Government  for  the  year 
one  thousand  eight  hundred  and  thirty-two. 

For  the  purpose  of  defraying  the  expenses  of  a  survey  of  the 
waters  of  Narragansett  bay,  to  be  made  under  the  direction  of  survey  of 
the  Secretary  of  the  Navy,  with  a  view  to  ascertain  the  practi-  eansewbar' 
cability  and   expediency  of  establishing  a  naval  depot  therein, 
five  thousand  dollars. 

For  enabling  the  President  of  the  United  States  to  obtain,  $5,000. 
from  the  Norfolk  Bridge  Company,  a  release  and  conveyance  Norfolk  bridge 
to  the  United  States  of  the  bridge  over  the  southern  branch  of 
the  Elizabeth  river,  between  the  navy  yard  and  the  dry  dock, 
and  of  the  road  leading  from  the  same  to  the  southwestern 
side  of  said  yard,  the  sum  of  sixteen  thousand  dollars  :  provi- 
ded, the  Secretary  of  the  Navy  shall  be  satisfied  that  the  said  $is,ooo. 
sum  does  not  exceed  the  value  of  the  same :  and  provided, 
that  the  Attorney  General  of  the  United  States  shall  be  satis- 
fied of  the  validity  of  the  title,  and  that  the  right  thus  acquired 
will  authorize  the  United  States  to  remove  the  bridge,  and  to 
enclose  the  road  within  the  navy  yard. 

APPROVED,  May  5,  1832. 

AN  ACT  to  provide  for  completing  the  removal  and  erection  of  the  naval 

monument. 

Be  it  enacted,  fyc.,  That,  for  the  purpose  of  paying  the 
workmen  for  renewing  the  inscriptions,  and  giving  uniformity 
of  color  to  the  naval  monument,  its  ornaments  and  statues,  re- 
cently removed  from  the  Washington  navy  yard  to  the  Capitol 
square,  a  sum  not  exceeding  two  hundred  dollars  be,  and  the  JgJ° 
same  is  hereby,  appropriated  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

APPROVED,  July  14,  1832. 


190 

1833.  AN  ACT  for  the  relief  of  Thomas  Holdup  Stevens,  and  others. 


Be  it  enacted,  fyc.,  That  die  President  of  the  United  States 
eprize  ^cj  anc*  ne  ig  hereby,  authorized  to  cause  the  sum  of  two  thou- 
san(i  dollars  to  be  distributed,  as  prize  money,  to  Captain  Tho- 
mas Holdup  Stevens,  of  the  United  States  navy,  and  the  other 
captors  of  a  piratical  felucca  within  the  Colorados  reef,  in  the 
West  Indies,  in  April,  eighteen  hundred  and  twenty-three, 
which  vessel  was  taken  into  the  service  of  the  United  States ; 
and  that  the  said  sum  be,  and  the  same  is  hereby,  appropriated, 
for  the  purpose  aforesaid,  out  of  any  moneys  in  the  treasury  not 
otherwise  appropriated. 

APPRO.VED,  July  14,  1832. 

A  RESOLUTION  for  the  relief  of  sundry  owners  of  vessels  sunk  for  the  de- 
fence of  Baltimore. 

Memorial  refer-      Resolved,  fyc.,  That  the  memorial  of  John  S.  Stiles,  and  the 
fbfdecSon"61101  memorial  of  the  other  owners,  of  vessels  taken  and  sunk  for 
the  defence  of  Baltimore  during  the  late  war,  with  the  papers 
and  documents  referred  to  the  Committee  on  Claims  of  the 
House  of  Representatives  in  the  cases  aforesaid,  be  referred  to 
the  third  auditor  for  his  decision,  under  the  act  of  May  twenty- 
sabject  to  super-  nine,  eighteen  hundred  and   thirty,  "  for  the  relief  of  sundry 
tary°ofthe  navy6"  owners  of  vessels  sunk  for  the  defence  of  Baltimore  ;"  which  de- 
cision shall  be  subject  to  the  supervision  of  the  Secretary  of  the 
Navy. 

APPROVED,  March  2,  1833. 


AN  ACT  for  the  relief  of  the  widows  and  orphans  of  the  officers  and  seamen 
who  were  lost  in  the  United  States  schooner,  the  Sylph. 

Be  it  enacted,  $*c.,  That  the  widows,  if  any  such  there  be, 
ed  aUeum  aeq°uai  and  in  case  there  be  no  widow,  the  child  or  children,  and  if 
toe  months' pay.  there  fa  no  ^1^  then  tne  parerits  or  parent,  and,  if  there  be 

no  parent,  then  the  brothers  and  sisters,  of  the  officers  and  sea- 
men who  were  in  the  service  of  the  United  States,  and  lost  in 
the  schooner  Sylph,  shall  be  entitled  to,  and  receive,  out  of  any 
money  in  the  treasury  not  otherwise  appropriated,  a  sum  equal 
to  six  months'  pay  of  their  respective  deceased  relatives  afore- 
said, in  addition  to  the  pay  due  to  the  said  deceased  on  the  fif- 
teenth day  of  August,  one  thousand  eight  hundred  and  thirty- 
one,  to  which  day  the  arrears  of  pay  due  the  deceased  shall  be 
allowed  and  paid  by  the  accounting  officers  of  the  navy  depart- 
ment. 

APPROVED,  March  2,  1833. 


AN  ACT  to  enable  the  President  to  make  an  arrangement  with  the  Govern- 
ment of  France  in  relation  to  certain  French  seamen  killed  or  wounded  at 
Toulon,  and  their  families. 

Whereas  certain  French  seamen  were  unfortunately  killed, 
and  others  wounded,  by  firing  a  salute  from  the  American  fri- 


191 

gate  United  States,  in  the  harbor  of  Toulon,  on  the  first  day  of      1836. 
May  last,  and  whereas  it  is  proper  to  manifest  the  sensibility,  ~~ 
with  which  the  disastrous  accident  is  viewed  by  the  Govern- 
ment of  the  United  States,  therefore," 

SEC.  1.  Be  it  enacted,  fyc.,  That  the  President  of  the  United  president  to  en- 
States  be,  and  he  is  hereby,  authorized  and  empowered  to  en-  S^1?^8??^ 
ter  into  an  arrangement  with  the  Government  of  France  for  the to  Pav  double 

-         .          .  -ITT       pensions    to    the 

payment  of  an  annual  sum  of  twice  the  amount  receivable  by  wounded,  and  to 
the  navy  pensioners  of  the  same  or  a  similar  class  to  the  wound-  Ejff58 ' 
ed  who  survive,  and  to  such  relatives  of  those  who  were  un- 
happily killed  as  aforesaid,  as  the  President  may  deem  it  expe- 
dient to  include  in  this  provision,  which  said  sum  shall  be  paid 
on  the  earliest  day  practicable  after  the  proposed  arrangement 
shall  be  concluded,  and  on  the  same  day  in  each  year  thereafter 
during  the  respective  lives  of  the  persons  to  whom  granted. 

SEC.  2.  And  be  it  further  enacted,  That  a  sum  of  money  Appropriation  for 
sufficient  to  enable  the  President  to  carry  the  aforesaid  arrange-  ^  PurP°se- 
ment  into  effect  be,  and  the  same  is  hereby,  appropriated,  to 
be  paid  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

APPROVED,  June  28,  1834. 


AN  ACT  making  appropriations  for  the  naval  service  for  the  year  1836. 

SEC.  2.  And  be  if  further  enacted,  That  the  President  of  $150,000  to 
the  United   States  be,  and  he  hereby  is,  authorized  to  send  out  ]Je 
a  surveying  and  exploring  expedition  to  the  Pacific  ocean  and  exploring  expedi- 
the  South  seas,  and  for  that  purpose  to  employ  a  sloop  of  war,  se°aV&c!e  S 
and  to. purchase  or  provide  such  other  smaller  vessels  as  may 
be  necessary  and  proper  to  render  the  said  expedition  efficient 
and  useful,  and  for  this  purpose  the  sum  of  one  hundred  and 
fifty  thousand  dollars  be,  and  the  same  is  hereby,  appropriated, 
out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
and  in  addition  thereto,  if  necessary,  the  President  of  the  Uni-  othcr  meants  *> 

jo  .  i       •       i  i  •  i      /•  the    ani°unt    °f 

ted  otates  is  authorized  to  use  other  means  in  the  control  01  $150,000  may  be 
the  navy  department,  not  exceeding  one  hundred  and  fifty  us 
thousand  dollars,  for  the  objects  required. 
APPROVED,  May  14,  1836. 


193 

ACTS 
FOR  THE  BELIEF  OF  INDIVIDUALS. 

ALPHABETICALLY  ARRANGED. 


FRANCIS  W.  ARMSTRONG. 

[Maintenance  of  fifteen  Africans.     See  Taliaferro  Livingston.]  1831,  Feb.  2S 

ANDREW  ARMSTRONG. 

The  proper  accounting  officers  of  the  treasury  authorized  1834»June3&* 
and  required  to  re-adjust  the  accounts  of  Andrew  Armstrong, 
late  navy  agent  at  Lima,  in  Peru,  and  to  allow  him  a  commis- 
sion of  five  per  centum  on  moneys  disbursed  and  stores  distri- 
buted ;  the  amount  of  damages  paid  by  the  said  A.  A.  on  bills 
drawn  by  him  on  the  Secretary  of  the  Navy,  and  protested  for 
non-payment ;  the  sum  of  $4,279  68,  paid  for  tobacco  pur- 
chased of  H.  McCulloch,  and  delivered  over  to  Philo  White ; 
and,  also,  the  amount  of  $3,595  15,  in  lieu  of  all  other  charges 
and  expenses  of  clerk  hire,  stationery,  and  office  rent,  and  his 
expenses  and  compensation  during  the  time  he  was  in  Lima,  in 
consequence  of  the  protest  of  his  bills  on  the  Secretary  of  the 
Navy,  and  on  his  return  to  the  U.  S. 

SEC.  2.  The  balance  found  due  to  said  Armstrong  upon  the 
re-adjustment  of  his  account,  upon  the  principles  herein  direct- 
ed, to  be  paid  to  him. 

WILLIAM  D.  ACKEN. 

The  proper  accounting  officer  of  the  Treasury  Department  1834,  June  3d 
to  cause  to  be  paid  the  sum  of  $82  27  to  William  D.  Acken, 
Jate  agent  for  the  preservation  of  timber  on*  the  public  lands  in 
Florida,  in  addition  to  the  allowances  already  made  by  the 
Navy  Department,  and  in  full  of  all  demands  for  contingent 
expenses  on  account  of  said  agency. 


JAMES  BARRON. 

That  there  be  paid  to  James  Barron,  a  captain  in  the  navy  1822,  May  r» 
of  the  U.  S.,  the  sum  of  $70  20,  being  the  amount  of  duties 
paid  by  the  said  Barron  to  the  collector  of  New  York,  for  cer- 
tain models  for  spinning  rope  yarns,  imported  by  the  said  Bar- 
ron into  the  port  of  New  York,  in  August,  1815. 

The  full  and  exclusive  right  granted  to  James  Barron,  his  1 330,  July  2. 
heirs,  administrators,  and   assigns,  for   the   term  of  fourteen 
13 


194 

years  from  the  14th  January,  1833,  of  making,  constructing? 
using,  and  vending  to  others  to  be  used,  his  improvement  in  the^ 
apparatus  or  machinery  for  manufacturing  bottle  corks,  a  de- 
scription of  which  is  given  in  a  schedule  annexed  to  letters  pa- 
tent granted  to  the  said  James  Barren  on  the  13th  January, 
1819. 

SEC.  2.  Also,  for  the  term  of  fourteen  years  from  the  20th 
February,  1833,  the  full  and  exclusive  right  and  liberty  of 
making,  constructing,  using,  and  vending  to  others  to  be  used, 
his  improvement  in  the  pump  for  air  or  water,  a  description  of 
which  is  given  in  a  schedule  annexed  to  letters  patent  granted 
to  the  said  James  Barren  for  the  same,  on  the  20th  February, 
1819  :  provided,  that  all  rights  and  privileges  heretofore  sold  or 
granted  by  said  patentee,  to  make,  construct,  use,  or  vend  the 
said  improvements,  or  either  of  them,  and  not  forfeited  by  the 
purchasers  or  grantees,  shall  enure  to,  and  be  employed  by,  such 
purchasers  or  grantees,  respectively,  as  fully,  and  upon  the 
same  conditions,  during  the  periods  thereby  granted,  as  for  the 
term  which  did  exist  when  such  sale  or  grant  was  made. 

SEC.  3.  Any  person  who  has  bona  fide  erected  or  constructed 
any  manufacture  or  machine,  for  the  purpose  of  putting  said 
improvements,  or  either  of  them,  into  use,  after  the  expiration 
of  said  patents  heretofore  granted,  or  is  now  erecting  or  con- 
structing any  manufacture  or  machine  for  the  purpose  afore- 
said, shall  have  and  enjoy  the  right  of  using  such  improvement 
or  improvements  now  erected  or  constructed,  or  now  being 
erected  or  constructed. 


JOSEPH  BAINBRIDGE. 

1822,  May  7.       The  accounting  officers  of  the  Treasury  Department  autho- 

rized and  directed  to  allow  Joseph  Bainbridge,  a  captain  in  the 
navy  of  the  U.  S.,  the  sum  of  $5,697  42,  in  the  settlement  of 
his  accounts :  provided,  the  same  shall  not  exceed  the  apparent 
balance  now  standing  against  the  said  Joseph  Bainbridge. 

HEIRS  OF  JOHNSTON  BLAKELEY. 

1823,  Mar.  3.       The  proper  accounting  officers  of  the  Treasury  Department 

authorized  and  directed  to  pass  to  the  credit  of  the  account  of 
Johnston  Blakeley,  late  a  captain  in  the  U.  S.  navy,  the  sum 
of  $3,028  64,  being  the  amount  of  moneys  advanced  to  the 
said  Blakeley,  before  the  first  day  of  May,  1814,  for  the  use  of 
the  U.  S.  navy. 

CHARLES  D.  BRODIE. 

1825,  Mar.  3.  The  sum  of  $1,000  to  be  paid  to  Charles  D.  Brodie,  for  his 
invention  and  services  in  stopping  a  leak  in  the  bottom  of  the 
Delaware  74. 

MARY  J.  BABBIT,  mother  of  FITZ  HENRY  BABBIT. 
1833,  Mar.  2.       A  pension  of  $200  per  annum,  for  the  term  of  five  years,  ta 


195 

commence  on  the  29th  day  of  November,  1830,  allowed,  and  to 
be  paid  semi-annually,  out  of  the  navy  pension  fund,  to  Mary  J. 
Babbit,  the  mother  of  Fitz  Henry  Babbit,  late  a  lieutenant  in 
navy  of  the  U.  S.,  to  cease,  in  case  of  the  death  of  Mary  J. 
Babbit,  before  the  expiration  of  said  term  of  five  years. 

Further  extended  for  the  term  of  five  years  from  the  29th  day  1336,  July 
of  November  last,  provided  she  lives  so  long,  otherwise,  during 
her  life. 

EDWARD  B.  BABBIT. 

The  proper  accounting  officer  of  the  Treasury  Department  1833,  Mar. 
authorized  and  required,  in  the  settlement  of  the  accounts  of 
Edward  B.  Babbit,  a  lieutenant  in  the  navy  of  the  U.  S.,  to  al- 
low him  a  credit  for  the  sum  of  $781  50,  being  an  amount  re- 
ceived from  the  purser  by  him  while  acting  as  commander  of 
the  frigate  Guerriere,  in  January,  1831,  in  the  Pacific  ocean, 
under  the  former  regulations  of  the  naval  service,  beyond  the 
amount  to  which  he  was  entitled  according  to  the  regulations 
digested  and  published  in  the  year  1832. 


FRANCIS  BARNES. 

In  the  settlement  of  the  contract  of  Francis  Barnes  with  the  1834,  June  19. 
Board  of  Navy  Commissioners,  to  supply  whiskey  for  the  use 
of  the  navy  for  the  year  1831 ,  the  accounting  officers  of  the  trea- 
sury to  allow  him  the  sum  of  $700  out  of  the  amount  charged     • 
him  for  the  difference  between  the  contract  price  and  the  sum 
paid  by  the  navy  agent  at  Baltimore,  in  the  purchase  of  20,000 
gallons  of  whiskey,  which  said  Barnes  had  failed  to  supply  on 
a  requisition  under  his  contract. 

NOAH  and  ADAM  BROWN. 

The  Secretary  of  the  Treasury  authorized  and  directed  to  1836,  July  2. 
pay  to  Noah  Brown,  and  the  legal  representatives  of  Adam 
Brown,  the  sum  of  $5,030,  being  the  amount  of  losses  sus- 
tained by  A.  and  N.  B.  upon  the  sale  of  treasury  notes  made  by 
them  in  the  years  1814  and  1815,  under  an  agreement  with  the 
commissioners  for  building  the  steam  frigate  Fulton  the  first. 

JOHN  P.  BRIGGS. 

The  Secretary  of  the  Navy  authorized  and  required  to  place  1937,  Mar.  3. 
upon  the  list  of  invalid  pensioners  of  the  navy  pension  fund, 
at  the  rate  of  $25  per  month,  to  be  paid  out  of  said  fund,  John 
P.  Briggs,  late  an  acting  surgeon  on  board  of  the  ship  Sarato- 
ga, who  was  wounded  by  a  splinter,  in  the  action  with  the  Bri- 
tish fleet  on  lake  Champlain,  on  the  llth  September,  1814;  to 
commence  on  the  1st  October,  1832. 

JAMES  BASSETT. 

[March  3,  1839.     See  Jarius  Loomis.j  1839  Mae.  & 


196 

MELANCTON  W.  BOSTWICK. 

1840,  July  20.  The  Secretary  of  the  Treasury  authorized  and  required  to 
cancel  and  annul  a  bond  given  by  Melancton  W .  Bostwick, 
/  John  Taylor,  Chauncey  Belding,  Caleb  Holmes,  and  Samuel 
Belding,  bearing  date  the  6th  August,  1814,  in  the  penal  sum 
of  $10,000  ;  conditioned  for  the  faithful  conduct  of  Melancton 
W.  Bostwick,  a  purser  in  the  navy  of  the  U.  S.,  who  perished 
in  the  brig  Epervier. 

WILLIAM  C.  BOLTON.     See  FINCH. 
BENJAMIN  F.  BOURNE.     See  GEORGE  JOHNSTON. 


MARY  CHEVER. 

1814, April  12.  A  gratuity  of  $25  quarter-yearly,  to  be  paid  out  of  the  navy 
pension  fund,  to  Mary  Chever,  for  and  during  her  life,  as  a 
gratuity  from  Congress  on  account  of  the  distinguished  bravery 
and  services  of  her  two  sons,  John  Chever  and  Joseph  P.  Che- 
ver, who  were  seamen  on  board  the  frigate  Constitution,  €ind 
who  were  slain  at  the  capture  of  the  British  frigate  Java. 


JAMES  H.  CLARK. 

1823,  Mar.  3.       The  accounting  officers  of  the  Treasury  Department  autho- 

rized and  directed  to  allow  James  H.  Clark  the  sum  of  $816, 
in  the  settlement  of  his  accounts ;  the  same  being  the  amount 
of  money  of  which  he  was  robbed  in  Marseilles,  on  the  3d  De- 
cember, 1815. 

JOHN  K.  CARTER. 

1824,  May  21.      The  proper  accounting  officers  of  the  Treasury  Department 

authorized  to  pass  to  the  credit  of  John  K.  Carter  such  sum  as 
shall  be  satisfactorily  shown  to  have  been  the  depreciation  on 
treasury  notes,  advanced  by  the  Government,  and  expended  by 
him  in  the  recruiting  service,  in  the  city  of  New  York,  from  the 
1st  August,  1814,  to  the  1st  May,  1815,  taking  for  the  rule 
of  allowance  the  difference  in  value  between  the  treasury  notes 
so  advanced,  and  the  money  current  at  par,  in  the  city  of  New 
York,  at  the  periods  when  the  advances  were  made,  and  con- 
fining the  allowances  to.  the  loss  on  the  sums  actually  expend- 
ed within  the  periods  before  mentioned. 

ALEXANDER  CLAXTON. 

1830,  May  28.  The  Secretary  of  the  Navy  to  pay  to  the  person  or  persons 
who  may  be  legally  entitled  to  receive  the  same,  or  who  may 
have  legally  paid  the  same,  the  taxable  costs  decreed  to  be  paid 
by  Alexander  Claxton,  a  master  commandant  in  the  navy  of 
the  U.  S.j  in  the  suit  prosecuted  by  him  against  the  English 
merchant  ship  James  Mitchell,  in  the  Superior  Court  of  the 
District  of  East  Florida ;  and  a  sum,  not  exceeding  $5,264  9$, 
appropriated  for  the  purpose. 


197 

SEC.  2.  The  proper  accounting  officers  of  the  Treasury  De- 
partment authorized  and  directed  to  audit  and  allow  the  ac- 
counts of  the  said  Alexander  Claxton,  for  his  reasonable  ex- 
penses, incurred  by  him  in  and  about  the  prosecution  of  his 
claim  for  salvage  against  the  English  merchant  ship  James 
Mitchell,  in  the  Superior  Court  of  the  District  of  East  Florida, 
so  as  that  said  expenses  shall  not  exceed  $872  75  ;  and  the 
amount  when  ascertained,  to  be  paid  to  the  said  Alexander 
Claxton. 

The  proper  accounting  officers  of  the  Treasury  Department  1833,  Mar.  2. 
authorized  and  directed  to  allow  to  A.  C.,  a  captain  in  the  navy 
of  the  U.  S.,  in  the  settlement  of  his  account,  for  his  reasona- 
ble expenses  incurred  in  and  about  the  prosecution  of  his  claim 
for  salvage  against  the  English  merchant  ship  James  Mitchell, 
in  the  Superior  Court  of  the  District  of  East  Florida,  in  addi- 
tion to  the  sum  provided  by  the  act  to  which  this  is  a  supple- 
ment, the  further  sum  of  $637. 


JOSEPH  S.  CANNON. 

The  Secretaiy  of  the  Navy  authorized  and  required  to  place  1831,  Mar.  3. 
the  name  of  Joseph  S.  Cannon  on  the  navy  pension  list,  at  the 
rate  of  $10  per  month,  payable  from  the  1st  January,  1829. 
i  ___^____ 

WOLCOTT  CHAUNCEY. 

The  proper  accounting  officers  of  the  Treasury  Department  1834,  June  30. 
authorized  to  audit  and  settle  the  account  of  Wolcott  Chaun- 
cey,  now  a  captain  in  the  navy  of  the  U.  S.,  on  the  principles 
of  equity  and  justice;  and  to  allow,  in  the  settlement  thereof, 
whatever  loss  may  have  been  sustained  by  him  from  the  sale  of 
treasury  notes  received  by  him  in  the  years  1814  and  1815, 
and  applied  to  the  public  service  under  the  direction  of  the 
Navy  Department :  provided,  that  the  allowance  so,  as  afore- 
said, made,  shall  not  exceed  the  sum  of  $766  20. 

HORATIO  N.  CRABB. 

Horatio  N.  Crabb,  a  lieutenant  of  the  marine  corps  of  the  U.  1834,  June  30. 
S.,  allowed  and  paid,  out  of  the  funds  appropriated  for  the  naval 
service,  for  services  performed  by  him  for  the  quartermaster's 
department  of  the  said  corps,  at  the  rate  of  $15  a  month,  from 
June  25,  1830,  to  November  4,  1830 ;  and  from  December  9, 
1830,  to  November  30,  1831,  each  of  said  days  included. 

RICHARD  DALE. 

The  proper  accounting  officers  of  the  Navy  Department  au-  igu,  Jan.  11. 
thorized  and  required  to  settle  and  adjust  the  account  of  Rich- 
ard Dale,  and  pass  to  his  credit  the  amount  of  such  sea  stores 
as  may  have  been  furnished  him  by  the  U.  S.  while  he  was 
commander  of  the  U.  S.  ship  Ganges :  provided,  the  said  R. 
D.  will  relinquish  all  claims  to  the  rations  to  which  he  may  be 
entitled. 


198 
DANIEL  DOBBINS.     See  RUFUS  S.  REED. 

PENELOPE  DENNY. 

1826,  May  16.  A  pension  of  $108  per  annum,  for  the  term  of  five  years 
from  the  9th  November,  1822,  allowed  and  to  be  paid,  out  of  the 
navy  pension  fund,  to  !Denelope  Denny,  the  mother  of  James 
Denny,  late  a  quarter-gunner  in  the  navy  of  the  U.  S. ;  to 
cease  in  case  of  the  death  or  marriage  of  the, said  P.  D.  before 
the  expiration  of  said  term. 

SILAS  DUNCAN. 

1826,  May  13.  The  provisions  of  the  joint  resolutions  of  Congress,  passed 
Oct.  20,  1814,  entitled  "  Resolutions  expressive  of  the  sense  of 
Congress  of  the  gallant  conduct  of  Captain  Thomas  Macdo- 
nough,  the  officers,  seamen,  and  marines,  and  infantiy  serving 
as  marines,  on  board  of  the  U.  S.  squadron  on  lake  Cham- 
plain,"  to  be  so  construed  and  extended  as  to  include  the  name 
of  Silas  Duncan,  a  lieutenant  in  the  navy  of  the  U.  S.,  in  testi- 
mony of  the  sense  which  is  entertained  by  both  Houses  of 
Congress,  of  the  distinguished  gallantly  and  good  conduct  of 
the  said  Lieutenant  Duncan,  in  an  action  with  the  enemy's 
'  forces,  on  the  6th  September,  1814,  on  the  same  lake. 

JOHN  S.  DEVLIN. 

1833,  Feb.  27.      The  proper  accounting  officers  of  the  treasury  directed  to  set- 

tle the  accounts  of  John  S.  Devlin,  quartermaster  sergeant  in 
the  U.  S.  marine  corps,  upon  principles  of  equity  and  justice. 
1836,  July  l.  The  Secretary  of  the  Treasury  authorized  to  pay  to  John  S. 
Devlin,  quartermaster  sergeant  of  the  U.  S.  marine  corps,  the 
sum  of  $190,  being  in  full  for  extra  services  rendered  in  the  ca- 
pacity of  clerk. 

THOMAS  DORNIN. 

1834,  June  30.      The  sum  of  $129  appropriated  for  compensation  to  Lieut. 

Thomas  Dornin,  for  extra  services  in  surveying  the  coast  in 
1827 ;  the  said  sum  having  been  carried  to  the  surplus  fund 
from  a  former  appropriation. 

JOHN  DOWNES. 

1835,  Mar.  3.       The  sum  of  $1,080  appropriated,  to  be  paid  to  Captain  J. 

D.  in  reimbursement  of  the  cost  of  presents  to  the  native  au- 
thorities in  the  Society  and  Sandwich  islands,  while  command- 
ing the  squadron  of  the  U.  S.  of  the  Pacific  ocean. 

1840,  July  20.  The  Secretary  of  the  Treasury  authorized  and  directed  to 
allow  to  Captain  John  Downes,  in  the  settlement  of  his  ac- 
count, the  sum  of  $723  60  with  which  he  stands  charged  twice 
in  his  account  at  the  Treasury  Department,  and  cause  the  said 
sum  of  $723  60  to  be  paid  to  the  said  Captain  John  Downes. 


199 

SUSAN  DECATUR. 

Mrs.  Susan  Decatur,  widow  of  the  late  Commodore  Stephen  1837,  Mar.  a» 
Decatur,  to  be  paid,  from  the  navy  pension  fund,  a  pension  for 
five  years,  commencing  from  the  30th  June,  1834,  in  conform- 
ity with  the  provisions  of  the  act  concerning  naval  pensions 
and  the  navy  pension  fund,  passed  30th  June,  1834;  and  be 
allowed  from  said  fund  the  arrearages  of  the  half-pay  of  a  post 
captain,  from  the  death  of  Commodore  Decatur  to  the  30th 
June,  1834,  together  with  the  pension  hereby  allowed  her ;  and 
the  arrearage  of  said  pension  to  be  vested  in  the  Secretary  of 
the  Treasuiy  in  trust  for  the  use  of  the  said  Susan  Decatur. 
The  said  pension  to  cease  on  her  death  or  marriage. 

JESSE  E.  DOW. 

The  sum  of  $153  33  to  be  paid  to  Jesse  E.  Dow,  for  his  1839,  Mar.  2. 
time  and  expenses  in  bearing  despatches  from  Commodore  El- 
liott, commanding  the  U.  S.  naval  squadron  in  the  Mediterra- 
nean, and  from  Mr.  Kavanagh,  our  charge  d'affaires  in  Portu- 
gal, to  the  Navy  and  State  Departments  of  the  U.  S. 


LEONARD  DENISON  and  ELISHA  ELY.  , 

SEC.  1.  The  Fourth  Auditor  of  the  Treasury  to  ascertain  18 32,  Mar. 
the  damages  sustained,  and  the  expenses  incurred,  by  Leonard 
Denison  and  Elisha  Ely,  arising  from  the  omission,  on  the  part 
of  the  navy  officer  at  Sacket's  Harbor,  to  deliver,  within  a  rea- 
sonable time,  the  whole  of  1491  tons,  14cwt.  3qrs.  and  51bs. 
of  the  armament  and  naval  stores  at  that  station  to  them,  after 
the  10th  June,  1825,  to  be  transported,  under  a  contract  made 
with  the  Navy  Commissioners,  to  Brooklyn,  in  New  York. 
£  SEC.  2.  The  damages  and  expenses  so  ascertained  shall  be 
subject  to  the  supervision  of  the  Secretary  of  the  Navy  :  and 
when  the  amount  shall  be  finally  settled  and  adjusted,  the  same 
shall  be  paid. 


ELISHA  ELY.     See  L.  DENISON  and  E.  ELY. 

JOHN  B.  FANNING. 

The  Secretary  .of  the  Navy  authorized  and  required  to  ad- 
just  and  settle  the  accounts  of  John  B.  Fanning,  late  a  purser 
in  the  navy  of  the  U.  S.,  upon  principles  of  equity  and  jus- 
tice, and  to  make  such  allowances  to  the  administrator  of  his 
estate,  as,  under  the  circumstances  of  the  case,  shall  appear 
just  and  reasonable :  provided,  however,  that  no  allowance 
shall  be  made  by  virtue  of  this  act,  beyond  the  balance  now 
standing  against  said  Panning  on  the  books  of  the  Navy  De- 
partment. 

WILLIAM  B.  FINCH. 

$5,000  appropriated  to  enable  the  President  of  the  U.  S.  to  1831, 
allow  compensation  to  Captain  William  B.  Finch,  for  extra 


200 

services  and  expenses  in  command  of  the  sloop  of  war  Vin- 
cennes,  in  the  years  1829  and  1830  ;  the  accounts  for  such  ser- 
vices and  expenses  to  be  settled  under  the  direction  of  the  Pre- 
sident. 

1833,  Jan.  14.  William  Bolton  Finch,  a  post  captain  in  the  navy  of  the  U. 
S.,  and  Elizabeth  B.  Finch,  his  sister,  both  of  the  District  of 
^Columbia,  respectively  authorized,  from  and  after  the  passage 
of  this  act,  to  take  and  use  the  surname  of  Bolton ;  and  the 
name  of  said  William  to  be  hereafter  William  Compton  Bolton, 
and  the  name  of  the  said  Elizabeth,  hereafter,  to  be  Elizabeth 
Bolton;  by  which  .names,  respectively,  all  acts  and  engage- 
ments done  or  made  may  be  enforced,  and  have  the  same  ef- 
fect and  operation  in  law,  as  if  their  names  had  originally  been 
William  Compton  Bolton  and  Elizabeth  Bolton. 


Heirs  of  ROBERT  FULTON. 

1836,  June  23.  The  petition  and  papers  of  the  heirs  of  Robert  Fulton,  re- 
ferred to  the  Secretary  of  the  Navy,  to  state  an  account  between 
the  U.  S.  and  said  heirs,  by  debiting  them  with  all  the  moneys 
paid  to  the  said  R.  F.,  and  not  settled  on  the  books  of  the 
Treasury  Department. 

Second:  To  credit  the  said  heirs  with  all  moneys  advanced 
or  expended  by  the  said  Fulton,  in  and  about  the  business  of 
the  U.  S.,  committed  to  his  care,  or  about  which  he  had  an 
agency. 

Third :  To  credit  the  said  heirs  a  compensation  commensu- 
rate with  the  value  and  importance  of  the  services  rendered  by 
the  said  R.  F.,  to  the  U.  S.,  in  inventing  a  system  of  coast  and 
harbor  defence,  and  in  testing  its  utility,  so  far  as  he  was  em- 
ployed or  engaged  to  render  such  services  by  the  authorities  of 
the  U.  S.,  or  when  such  services  were  recognised  as  having 
been  rendered  for  the  U.  S.,  previous  to,  or  during,  the  late 
war  with  Great  Britain. 

Fourth :  To  credit  the  said  heirs  with  the  like  compensation, 
for  the  services  of  the  said  R.  F.,  for  inventing  and  in  superin- 
tending the  construction  of  a  steam  frigate,  at  New  York,  dur- 
ing and  after  said  war. 

Fifth :  To  credit  the  said  heirs  with  a  just  and  equitable 
compensation,  for  the  detention  of  the  steamboat  Vesuvius,  at 
New  Orleans,  from  the  30th  December,  1814,  to  the  12th 
March,  1815,  both  days  inclusive,  being  the  time  the  said  boat 
remained  aground  by  reason  of  her  being  impressed  into  the 
service  of  the  U.  S.,  and  grounded  when  in  said  service. 

The  said  Secretary  of  the  Navy  authorized  to  take  such  fur- 
ther testimony  as  he  shall  think  necessary,  and  ascertain  what 
defence  was  made  to  the  suit  in  favor  of  the  U.  S.  against  the 
representatives  of  R.  F.,  in  the  southern  district  of  New  York, 
and  what  composed  the  items  of  set-off  to  the  claim  of  the  U. 
S.  ;  and  the  said  Secretary  to  report  his  proceedings  at  the  next 
session  of  Congress. 


201 

JONATHAN  M.  FOLTZ. 

The  same  pay  allowed,  from  the  7th  June,  1836,  to  the  9th  1839,  Mar.  3. 
March,  1837,  to  J.  M.  Foltz,  that  was  allowed  to  surgeon  at 
the  head  quarters  of  the  U.  S.  marine  corps,  who  was  relieved 
by  him,  by  order  of  the  Secretary  of  the  Navy. 

ELIAS  GLENN. 

The  Secretary  of  the  Treasury  authorized  to  pay  to  Elias  1825,  Mar.  3. 
Glenn  the  sum  of  $100,  in  full  for  his  services  in  taking  depo- 
sitions, at  the  instance  and  request  of  the  late  Secretary  of  the 
Navy. 

FRANCIS  H.  GREGORY. 

The  proper  accounting  officers  of  the  Treasury  Department  1828,  May  26. 
authorized  and  directed  to  audit  and  allow  the  account  of  Lieu- 
tenant Francis  H.  Gregory,  late  commander  of  the  U.  S. 
schooner  Grampus,  for  expenses  incurred  by  him  in  prosecuting, 
in  the  courts  of  the  U.  S.,  the  suit  in  the  case  of  the  brig  Pal- 
mira or  Panchita,  captured  on  the  high  seas  for  alleged  pirati- 
cal aggressions,  and  sent  into  the  U.  S.  for  adjudication ;  and 
the  amount  of  said  expenses,  when  ascertained,  to  be  paid  to 
the  said  Francis  H.  Gregory. 


JOHN  M.  GAMBLE. 

The  Secretary  of  the  Navy  authorized  and  directed  to  cause  1836)  jujy  2. 
to  be  paid  to  John  M.  Gamble,  twenty-five  cents  for  each  ration 
furnished  by  him  to  seventeen  seamen  and  four  marines,  to- 
gether with  six  prisoners  of  war,  under  his  command,  when  left 
by  Commodore  Porter  in  charge  of  prizes  in  the  Pacific  ocean, 
during  the  years  1813  and  1§14. 

SPENCER  C.  GIST. 

The  proper  accounting  officers  of  the  Treasury  authorized  1839,  Mar.  3. 
to  settle  and  adjust  the  account  of  Spencer  C.  Gist,  a  midship- 
man in  the  navy  of  the  U.  S.,  for  his  services  as  an  acting  lieu- 
tenant on  board  the  frigate  Guerriere,  Captain  Thompson,  in 
the  Pacific  ocean,  from  the  10th  March,  1830,  to  the  28th  De- 
cember, 1831  ;  and  to  allow  him  the  extra  pay  and  emolu- 
ments to  which  he  may  be  entitled,  over  and  above  the  amount 
already  received  by  him  as  midshipman  and  acting  sailingm as- 
ter of  said  ship ;  and  the  amount  so  found  due  to  the  said 
Spencer  C.  Gist  to  be  paid. 

SETH  HARDING. 

The  Secretary  of  the  Navy  directed  to  place  upon  the  navy  1807,  Feb.  6. 
list  of  invalid  pensioners  of  the  U.  S.,  Seth  Harding,  late  a 
captain  in  the  navy  of  the  U.  S.,  who  has  been  so  disa- 
bled in  the  line  of  his  duty,  while  in  service,  that  he  is  unable 
to  support  himself  by  labor ;  and  who  shall  be  entitled  to  re- 
ceive one-half  his  monthly  pay  of  a  captain  in  the  navy,  to 


202 

commence  from  the  1st  January,  1804,  agreeably  to  the  provi- 
sions contained  in  the  act,  entitled  u  An  act  for  the  better  gov- 
ernment of  the  navy  of  the  U.  S." 

JOHN  HALL. 

!818,April  20,  The  proper  accounting  officers  of  the  Treasury  Department 
authorized  and  directed  to  credit  John  Hall,  late  a  major  of  ma- 
rines, with  the  sum  of  $2,400,  in  the  settlement  of  his  accounts, 
the  same  being  part  of  a  sum  of  money  deposited  in  the  hands 
of  the  said  Hall,  for  the  purpose  of  purchasing  supplies  for  the 
marines  under  his  command,  and  of  which  the  said  Hall  was 
robbed  in  Marseilles,  in  Prance. 

SAMUEL  F.  HOOKER. 

l818,April  20.  The  proper  accounting  officers  of  the  Treasury  Department 
authorized  and  directed  to  settle  the  claim  of  S.  F.  Hooker,  of 
Sacket's  Harbor,  in  the  State  of  New  York,  for  property  taken 
and  occupied  for  public  use,  at  Sacket's  Harbor  aforesaid,  and 
for  a  house  and  barn  destroyed  by  the  enemy  during  the  late 
war,  at  Cape  St.  Vincent,  or  Gravelly  Point,  which  had  been 
.  rented  by  authority  of  the  U.  S.  for  barracks ;  and  the  sum 
which  shall  be  found  due  shall  be  paid  to  the  said  Samuel  F. 
Hooker :  provided,  it  shall  not  exceed,  in  the  whole,  $3,867 
66. 

1819,  Feb.  15.  The  proper  officers  of  the  Treasury  Department  authorized 
and  required  to  pay  S.  F.  Hooker,  the  sum  of  $T85. 

1823,  Feb.  28.  The  Secretary  of  the  Navy  authorized  and  empowered  to 
audit  and  settle,  upon  such  principles  as  are  applicable  to  con- 
tracts, the  claims  of  S.  F.  Hooker,  against  the  Navy  Depart- 
ment of  the  U.  S.  ;  with  authority,  if  he  shall  think  proper  so 
to  do,  to  submit  said  claims  to  arbitration. 

SEC.  2.  The  amount  of  the  claims,  when  ascertained,  to  be 
paid,  deducting  whatever  advances  may  have  been  made  to  the 
said  Samuel  F.  Hooker,  upon  such  claims. 

JOHN  H.  HOLLAND. 

1836,  July  2.  The  Secretary  of  the  Treasury  to  pay  to  John  H.  Holland 
$1,371  47,  for  his  expense  and  charges  incurred  in  the  care, 
clothing,  and  subsistence  of  a  number  of  Africans  placed  in  his 
charge,  as  marshal  of  the  eastern  district  of  Louisiana,  under  the 
laws  of  the  U.  S.  relative  to  the  slave  trade. 

SEC.  2.  The  Secretary  of  the  Navy  to  take  and  receive  fur- 
ther testimony  relative  to  so  much  of  the  account  of  said  John  H. 
Holland,  as  is  embraced  in  the  charges  of  Dr.  James  S.  McFar- 
lan  for  professional  services  and  medicine,  and  allow  a  reason- 
able and  just  amount  for  the  services  actually  rendered  by  said 
McFarlan,  and  medicine  furnished  said  Africans;  to  report 
said  amount,  so  allowed,  to  the  Secretary  of  the  Treasury,  who 
is  directed  to  pay  said  amount,  so  certified,  to  the  said  John  H. 
Holland. 


203 

BENJAMIN  HEWITT. 

The  Secretary  of  the  Navy  authorized  to  examine  and  de-  1339,  Mar.  3. 
cide  upon  the  claim  of  Benjamin  Hewitt,  agreeably  to  the  pro- 
visions of  the  resolution  of  the  10th  February,  1832,  empow- 
ering the  Secretary  of  the  Navy  to  settle  certain  contracts  and 
relinquish  certain  forfeitures,  and  to  extend  to  him  the  full  be- 
nefit of  said  resolution,  if  he  finds  and  adjudges  his  case  to  be 
within  the  principle  thereof. 

GEORGE  JOHNSTON. 

George  Johnston  released  from  the  effects  of  the  judgment  1831,  Mar.  2. 
obtained  against  him  by  the  U.   S.,  in  the  circuit  court  of  the 
U.  S.  for  the  first  judicial  district,  as  one  of  the  sureties  of  Ben- 
jamin F.  Bourne,  late  a  purser  in  the  navy  of  the  U.  S. 

The  above  act  amended,  so  as  to  be  deemed  and  construed  1832>  ^uly  14« 
to  apply  to  a  judgment  recovered  by  the  U.  S.  of  America 
against  George  Johnston,  as  one  of  the  sureties  of  Benjamin  F. 
Bourne,  late  a  purser  in  the  U.  S.  navy,  in  the  district  court  of 
the  U.  S.  for  the  eastern  district  of  Louisiana;  the  judgment 
intended  in  the  said  act  having  been  obtained  in  that  court 
against  the  said  George  Johnston  as  surety  as  aforesaid,  but 
through  mistake  not  being  so  referred  to. 

THOMAS  AP  C.  JONES. 

The  proper  accounting  officers  of  the  Navy  Department,  an-  i8l6,April26. 
thorized  and  directed  to  audit  and  settle  the  accounts  of  Tho- 
mas Ap  Catesby  Jones,  a  lieutenant  of  the  navy  of  the  U.  S., 
and  to  allow  him,  in  the  settlement  thereof,  such  credits  as  may 
be  equitable  and  just. 

The  Secretary  of  the  Navy  authorized  and  directed  to  allow  1834>  May  10* 
and  pay  to  Thomas  Ap  C.  Jones,  out  of  the  navy  pension 
fund,  as  arrears  of  pension  to  which  he  is  entitled  on  account 
of  a  permanent  disability  occasioned  by  a  wound  received  by 
him  in  battle  with  the  enemy  during  the  last  war  with  Great 
Britain,  the  sum  of  $20  per  month,  from  the  18th  of  July, 
1815,  to  the  15th  November,  1831,  deducting  therefrom  any 
sum,  accruing  between  these  dates,  which  may  have  been  paid 
him  on  account  of  the  pension  allowed  him  by  the  commis- 
ers  of  the  navy  pension  fund,  on  the  31st  July,  1828. 

JOHN  JUDGE.     See  JAMES  TUCKER.  1836,  July  i. 


EZEKIEL  JONES. 

The  proper  accounting  officers  of  the  Treasury  authorized  to  1339,  Mar.  3. 
allow  to  Ezekiel  Jones,  for  his  services  as  commander  of  the 
revenue  cutter  "  Washington,"  while  acting  in  conjunction 
with  the  navy  of  the  U.  S.  in  1836,  the  same  amount  of  pay 
as  a  lieutenant  in  the  navy  would  be  entitled  to  receive  for  like 
services,  deducting  therefrom  the  sum  which  he  has  already  re- 
ceived therefor 


204 

EDMUND  P.  KENNEDY. 

1819,  Mar.  3.  The  proper  accounting  officers  of  the  Treasury  Department 
authorized  to  audit  and  settle  the  account  of  Captain  Edmund 
P.  Kennedy,  in  such  manner,  and  upon  such  terms,  as  may  be 
reasonable  and  just. 

SAMUEL  KEEP. 

1832,  Mar.  15.  The  proper  accounting  officers  of  the  Treasury  authorized 
and  required  to  adjust  and  settle,  upon  the  principles  qf  jus- 
tice and  equity,  the  accounts  and  claims  of  the  legal  represen- 
tatives of  Samuel  Keep,  relative  to  a  certain  contract  made  on 
the  8th  September,  1826,  by  the  Board  of  Navy  Commission- 
ers of  the  one,part,  and  the  said  Samuel  Keep  of  the  other  part. 
SEC.  2.  All  moneys  allowed  to  the  legal  representatives  of 
the  said  Samuel  Keep,  on  such  adjustment  and  settlement,  to 
be  paid. 

GEORGE  LITTLE. 

1807,  Jan.  17.  The  proper  accounting  officers  to  liquidate  and  adjust,  with 
George  Little,  the  account  of  damages,  interest  and  charges,  in 
the  case  of  the  brig  Flying  Fish,  captured  by  him  while  com- 
mander of  the  frigate  Boston,  in  the  service  of  the  U.  S.,  dur- 
ing the  year  1799,  and  afterwards  libelled  in  the  district  court 
of  the  U.  S.  for  the  district  of  Massachusetts ;  in  which  case 
judgment  was  ultimately  rendered  by  the  circuit  court,  in  pur- 
suance of  a  decision  of  the  Supreme  Court  of  the  U.  S.  ;  arid 
so  much  as  may  be  necessary  for  satisfying  the  same,  to  be 
paid. 

ERASTUS  LOOMIS. 

1816,  Mar.  25.  The  proper  accounting  officers  of  the  Navy  Department  au- 
thorized to  adjust  and  settle  the  claim  of  Erastus  Loomis,  and 
allow  him  the  pay  and  emoluments  of  a  second  lieutenant  of 
marines,  from  the  1st  August,  1814,  to  the  28th  Dec.  1815; 
also,  the  expenses  incurred  by  said  Loomis,  in  consequence  of 
a  wound  received  by  him  whilst  gallantly  doing  his  duty  on 
board  the  brig  Eagle,  in  the  action  on  lake  Champlain,  on  the 
llth  Sept.,  1814;  the  amount  whereof  shall  be  paid  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

EDWARD  LEE. 

1826  Dec.  29.  The  Secretary  of  the  Treasury  to  pay  to  Edward  Lee  the 
'sum  of  $2,812  50,  the  value  of  37.500  pounds  of  navy  bread, 
which  he  contracted  with  Commodore  Chauncey,  to  deliver  at 
Sacket's  Harbor,  on  or  before  the  1st  Dec.,  1813,  for  the  use  of 
the  navy,  and  which,  being  examined  by  the  proper  officer, 
was  left  in  possession  of  the  said  Lee,  for  the  want  of  a  conve- 
nient place  to  receive  it  into  the  public  stores,  and  was  ther^e- 
after  accidentally  destroyed  by  fire. 


205 

TALIAFERRO  LIVINGSTON. 

The  Secretary  of  the  Navy  authorized  to  pay,  out  of  an  ap- 1828,  May  24. 
propriation  of  $30,000  for  the  suppression  of  the  slave  trade, 
the  claim  of  the  administrator  of  the  estate  of  Taliaferro  Liv- 
ingston, late  U.  S.  Marshal  for  the  district  of  Alabama,  for  the 
maintenance  of  sundry  Africans  captured  in  1818 :  the  said 
administrator  to  produce  satisfactoiy  evidence  of  the  reasona- 
bleness of  the  charges  of  the  said  maintenance  ;  and  the  sums 
received  by  the  said  Livingston  for  the  hire  of  the  said  Afri- 
cans, and  for  the  labor  performed  for  him  by  said  Africans,  if 
any,  to  be  accounted  for,  and  deducted. 


TALIAFERRO  LIVINGSTON  and  FRANCIS  W.  ARM- 
STRONG. 

The  Secretary  of  the  Navy  authorized  to  pay,  out  of  the  sum  1331,  Feb.  25. 
appropriated  for  the  suppression  of  the  slave  trade,  the  claim  of 
the  heirs  of  Taliaferro  Livingston,  late  Marshal  of  the  U.  S.  for 
the  district  of  Alabama,  for  the  maintenance  of  fifteen  Africans, 
illegally  imported  into  the  U.  S.  in  the  schooners  Louisa  and 
Marino,  in  1818  :  satisfactory  evidence,  of  the  reasonableness 
of  the  charges  for  said  maintenance  to  be  furnished,  and  the 
sums  received  by  the  said  Livingston  for  the  hire  of  said  Afri- 
cans, and  for  the  labor  performed  for  him  by  them,  if  any,  to 
be  accounted  for,  and  deducted. 

SEC.  2.  The  same  allowance  to  be  made  to  Francis  W. 
Armstrong,  Marshal  of  the  U.  S.  for  the  district  of  Alabama, 
for  the  time  that  the  aforesaid  fifteen  Africans  were  kept  by  him, 
subject,  in  the  settlement,  to  the  same  restrictions  provided  for 
in  the  first  section  of  this  act. 

JOHN  LACY. 

The  proper  accounting  officers  of  the  Treasury  authorized  1832)  juiy  3. 
and  required  to  audit,  adjust,  and  settle,  upon  principles  of  jus- 
tice and  equity,  the  account  of  John  Lacy,  for  losses  said  to 
have  been  sustained  by  him  in  consequence  of  the  non-compli- 
ance on  the  part  of  the  U.  S.  with  the  conditions  of  a  contract 
into  which  the  said  John  Lacy  had  entered  with  Captains  Por- 
ter and  Warrington,  acting  in  behalf  of  the  U.  S.,  in  the  year 
1824  ;  and  the  amount  ascertained  to  be  due,  to  be  paid  to  the 
said  John  Lacy,  or  to  his  legal  representatives.  The  said  ac- 
counting officers  not  to  allow  any  estimate  for  salvage  on  ac- 
count of  the  loss  of  the  schooner  Mary  and  Elizabeth. 


JARIUS  LOOMIS,  and  heirs  of  JAMES  BASSET. 

The  sum  of  $5,465  appropriated,  to  be  distributed  as  prize  1339^  Mar.  & 
money,  by  the  Secretary  of  the  Navy,  among  the  officers  and 
crews,  their,  or  either  of  their  heirs,  or  legal  representatives,  of 
the  gunboats  numbered  149  and  154,  who,  in  attempting  to 
pass  up  the  river  Appalachicola,  with  a  convoy  of  provisions 
and  stores  in  the  month  of  July,  1816,  were  attacked  by  a  fort 


206 

situated  on  said  river,  and  occupied  by  a  number  of  fugitive 
negroes  and  Indians ;  and  who,  in  resisting  said  attack,  blew 
up  and  destroyed  said  fort,  with  the  greatest  part  of  those  by 
whom  it  was  occupied. 


ALEXANDER  MURRAY. 

1805,  Jan.  31.  The  proper  accounting  officers  to  liquidate  and  adjust  with 
Alexander  Murray,  the  account  of  damages,  interest,  and  charges, 
in  the  case  of  the  schooner  Charming  Betsey,  recaptured  by 
him  while  commander  of  the  frigate  Constellation,  in  the  ser- 
vice of  the  U.  S.  during  the  year  1800,  and  afterwards  libelled 
in  the  district  court  of  the  U.  S.?  for  the  district  of  Pennsylva- 
nia, in  which  case  judgment  was  ultimately  rendered  by  the 
circuit  court  in  pursuance  of  a  decision  of  the  Supreme  Court 
of  the  U.  S. ;  and  so  much  as  may  be  necessary  for  satisfying 
the  same  appropriated. 

ISAAC  McKEEVER. 

1827,  Feb.  8.  The  proper  accounting  officers  of  the  Treasury  Department 
authorized  to  allow  to  Lieutenant  Isaac  McKeever  so  much  of 
the  proceeds  of  the  forfeitures  and  penalties  as  have  accrued  to 
the  U.  S.  from  the  condemnation  of  the  vessels  Marino  and 
Louisa,  and  their  cargoes,  as  may  be  necessary  to  cover  his  rea- 
sonable expenses  in  prosecuting  the  suits  against  the  said  ves- 
sels and  cargoes,  in  the  District  Court  of  the  U.  S.  for  the  Dis- 
trict of  Alabama,  for  the  violation  of  the  laws  of  the  U.  S. 


JOHN  H.  MAGUIRE. 

1834,  May  10.      The  Secretary  of  the  Treasury  to  pay  to  John  H.  Maguirer 

the  sum  of  $350,  for  investment  of  the  navy  pension  fund,  to 
the  amount  of  $140,000,  in  different  stocks,  to  the  acceptance 
of  the  Board  of  Commissioners  of  the  navy  pension  fund,  in  the 
year  1831 ;  being  an  allowance  of  one-fourth  of  one  per  cen- 
tum on  the  amount  so  invested. 

MERYIN  P.  MIX. 

1835,  Mar.  3.       The  Secretary  of  the  Navy  to  audit  the  claim  of  Mervin  P, 

Mix,  late  a  lieutenant  in  the  navy  of  the  U.  S.,for  loss  incurred 
by  him  on  disbursing  treasury  notes  for  the  recruiting  service  at 
New  York,  in  the  years  1814  and  1815;  and  authorized  to 
credit  said  Mix  any  sum  he  may  prove  he  has  lost  in  said  dis- 
bursement, not  exceeding  the  sum  of  $651  79 :  the  Secretary 
of  the  Navy,  before  he  shall  make  said  credit,  shall  find  that 
the  said  loss  arose  from  the  sale  of  said  notes,  under  the  orders 
of  Commodore  O.  H.  Perry,  under  whose  command  said  Mix 
was  employed  in  the  recruiting  service. 

ELIZABETH  MAYS,  mother  of  WILSON  MAYS. 
3836,  May  14.      A  pension  of  $114  per  annum,  for  the  term  of  five  years, 
from  the  3d  September  1834,  allowed  and  to  be  paid,  in  half- 


207 

yearly  payments,  out  of  the  navy  pension  fund,  to  Elizabeth 
Mays,  the  mother  of  Wilson  Mays,  late  a  carpenter's  mate  in 
the  navy  of  the  U.  S.,  to  continue  only  during  the  life  and  wi- 
dowhood of  said  E.  M. 

FRANCIS  MALLABY. 

The  Secretary  of  the  Treasury  to  pay  to  Francis  Mallaby  the  1839,  Mar.  3, 
sum  of  $392,  for  quarters  to  which  he  was  entitled  as  sailing- 
master  at  the  U.  S.  navy  yard  at  Brooklyn,  from  the  27th 
March,  1827,  to  the  31st  December,  1830,  inclusive;  but  which 
quarters  were  not  furnished  him,  nor  were  there  any  part  of 
that  time  any  quarters  that  could  have  been  assigned  to  him,  as 
certified  by  Commodore  Chauncey,then  commander  of  the  yard. 

JOHN  NICHOLSON. 

The  proper  officers  of  the  Treasury  to  settle  and  pay  to  John  1831«  Mar<  3* 
Nicholson,  Marshal  of  the  eastern  district  of  Louisiana,  such 
sums  as  may  reasonably  be  due,  or  may  hereafter  become  due, 
to  him,  for  the  care,  custody,  maintenance,  and  clothing  of  such 
Africans  as  may  have  been  brought  into  the  port  of  New  Or- 
leans, and  legally  committed  to  his  custody  by  order  of  the 
court  of  the  U.  S.  for  the  said  district. 

JAMES  NOBLE. 

The  proper  accounting  officers  of  the  Treasury  Department  1834,  June  30. 
directed  to  audit  and  settle  the  claims  of  James  Noble,  to  pay 
as  acting  lieutenant,  from  the  10th  day  of  March,  1830,  to  22d 
of  August,  1831 ;  and  from  1st  December,  1831,  to  the  14th 
February,  1832 ;  upon  the  same  principles  upon  which  like 
claims  were  settled  previous  to  the  date  of  the  order  of  the  Navy 
Department  in  relation  to  such  claims,  and  bearing  date  the 
10th  March,  1830. 

ASHER  PALMER. 

The  proper  accounting  officers  of  the  Navy  Department  au-  18 16, April jS6. 
thorized  and  directed  to  audit  and  settle  the  claim  of  Asher 
Palmer,  for  a  small  schooner  captured  by  the  British  forces  in 
the  late  war,  while  the  same  was  in  the  service  of  the  U.  S., 
by  ascertaining,  or  causing  to  be  ascertained,  the  value  thereof, 
in  such  manner  as  shall  be  reasonable  and  just.  The  amount, 
when  so  ascertained,  to  be  paid  to  the  said  A.  P. 

Family  of  the  late  OLIVER  H.  PERRY. 

From  and  after  the  23d  August,  1819,  the  following  sums  1821,  Mar.  2. 
be,  and  the  same  hereby  are,  settled,  by  way  of  annuity,  paya- 
ble, under  the  direction  of  the  Secretary  of  the  Treasury,  half 
yearly,  at  the  Treasury  of  the  U.   S.,  or  at  the  loan  office  at 
Providence,  at  the  option  of  the  annuitants,  on  the  widow  and 


208 

children  of  the  late  O.  H.  Perry,  of  the  U.  S.  navy ;  that  is  to 
say : 

On  Elizabeth  Perry,  dowager  of  the  aforesaid  O.  H.  Periy, 
$400  during  her  natural  life  :  provided,  that  the  said  annuity 
shall  cease  and  determine  on  the  determination  of  her  widow- 
hood : 

On  Christopher  Grant  Perry,  his  eldest  son,  $150 : 
On  Oliver  Hazard  Perry,  his  second  son,  $1 50 :  and 
On  Christopher  Raymond  Perry,  his  third  son,  $150  : 
until  the  said  Christopher  Grant,  Oliver  Hazard,  and  Christo- 
pher Raymond,  shall  arrive  at  full  age  of  twenty-one  years  re- 
spectively : 

And  on  Margaret  Perry,  only  daughter,  and  youngest  child, 
of  the  said  O.  H.  Periy,  deceased,  the  sum  of  $150,  until  she 
shall  arrive  at  the  age  of  twenty-one  years  aforesaid.  In  case 
the  said  Margaret  shall  have  contracted  any  marriage  on  or  be- 
fore she  shall  reach  the  age  of  twenty-one  years,  aforesaid,  then 
the  said  pension  or  annuity  shall  cease  and  determine  on  the 
day  whereon  the  said  marriage  shall  have  been  contracted,  as 
aforesaid :  and  in  case  the  said  Margaret  shall  not  have  con- 
tracted any  marriage  on  that  day,  or  prior  thereto,  then  the  said 
pension  or  allowance  shall  continue  to  be  paid  until  the  mar- 
riage or  natural  demise  of  the  said  Margaret.  In  case  any  of 
the  said  children  of  the  said  O.  H.  Perry,  deceased,  shall  die 
under  lawful  age  as  aforesaid,  then,  and  in  that  case,  the  pen- 
sion or  annuity  granted  by  this  act,  shall,  in  such  case,  cease 
and  determine,  in  respect  to  such  child  so  deceasing. 

DANIEL  T.  PATTERSON. 

1825,  Mar.  3.  The  proper  accounting  officers  of  the  Treasury  Department 
authorized  and  directed  to  pass  to  the  credit  of  Captain  Daniel 
T.  Patterson,  the  sum  of  $250,  the  amount  with  which  he 
stands  overcharged  on  the  books  of  the  Navy  Department. 

1838  July  7  ^ne  Secretary  °f  tne  Treasury  to  pay  to  Captain  Daniel  T. 
Patterson,  of  the  navy  of  the  U.  S.,  $3,391,  for  extraordinary 
expenses  incurred  when  he  commanded  the  U.  S.  squadron  in 
the  Mediterranean,  in  the  years  1832, 1833,  1834,  and  1835,  in 
receiving  and  entertaining  on  board  of  his  ship,  the  head  officers 
of  the  Governments  of  the  countries  where  the  presence  of  said 
squadron  was  required  for  the  general  protection  of  the  com- 
mercial interests  of  his  Government,  and  for  his  extraordinary 
expenses  in  visiting  the  courts  of  those  Governments. 

BENJAMIN  PENDLETON. 

1831,  Mar.  2.  The  sum  of  $4,763,  appropriated  for  compensation  to  Cap- 
tain Benjamin  Pendleton,  for  moneys  paid  by  him  for  cancel- 
ling the  charter  party,  and  outfit  and  demurrage  of  the  brig  Se- 
raph, of  Stonington,  for  his  pay  as  a  lieutenant  of  the  navy,  and 
for  moneys  paid  by  him  to  the  ship  keeper  of  the  said  vessel. 


209 

THOMAS  PAINE. 

The  proper  accounting  officers  of  the  Treasury  authorized  1832,  Mar.  2*. 
to  pay  to  Thomas  Paine,  the  sum  of  $500,  in  full  for  two 
months  and  a  half  provisions  lost  in  the  revenue  cutter  Craw- 
ford, on  the  16th  March,  1829. 

JOHN  PERCIVAL. 

The  Secretary  of  the  Treasury  directed  to  pay  to  John  Per-  1834,  June  ifc, 
cival,  master  commandant  in  the  U.  S.  navy,  $500,  being  the 
amount  expended  by  said  Percival  while  commanding  the  U. 
S.  schooner  Dolphin  during  a  cruise  in  1825  and  1826,  to  the 
Mulgrave  and  other  islands  in  the  Pacific  ocean,  to  relieve  a 
part  of  the  crew  of  the  whale  ship  Globe. 

MATTHEW  C.  PERRY. 

The  sum  of  $1,500  appropriated,  to  be  paid  to  Matthew  C.  1835,  Mar.  a. 
Perry,  master  commandant  in  the  navy  of  the  U.  S.,  for  extra 
services  and  expenses  incurred  by  him,  while  commanding  the 
U.  S.  sloop  of  war  Concord,  in  obedience  to  orders,  and,  more 
particularly,  in  the  reception  on  board  his  ship  of  Mehemet  Ali, 
the  Pacha  of  Egypt,  and  a  numerous  suite. 


FOXHALL  A.  PARKER.  p 

The  Secretary  of  the  Treasury  to  pay  to  Captain  F.  A.  Par-  1837,  Mar.  3..] 
ker,  of  the  U.  S.  navy,  the  sum  of  $200,  for  actual  expenses 
incurred  by  him  while  commanding  the  Fail-field  sloop  of  war, 
in  the  Mediterranean,  during  the  year  1828,  in  carrying  out 
Mr.  Edward  Wyer,  bearer  of  despatches  lo  the  commander  of 
the  squadron,  in  the  Mediterranean  sea,  by  order  of  the  Secre- 
tary of  the  Navy  of  the  U.  S. 

CHARLES  W.  PICKERING. 

The  proper  accounting  officer  of  the  Treasury  authorized  to  1837,  Mar.  3. 
adjust  and  settle  the  account  of  Charles  W.  Pickering,  a  mid- 
shipman in  the  navy  of  the  U.  S.,  and  to  allow  him  the  differ- 
ence between  the  pay  and  emoluments  of  a  lieutenant  over  that 
of  a  midshipman,  for  the  period  during  which  he  performed  the 
duties  of  a  lieutenant  on  board  the  U.  S.  ship  Falmouth,  by 
order  of  her  commander,  Frangis  H.  Gregory,  in  the  Pacific 
ocean,  in  the  year  1833 ;  and  the  amount  so  found  due  to  him 
to  be  paid. 

JOHN  RODGERS. 

Under  the  peculiar  circumstances  of  the  case  of  an  appeal,  isie,  Feb.  25, 
taken  by  Commodore  John  Rodgers,  from  a  decree  of  the  U. 
S.  circuit  court  for  the  district  of  Massachusetts,  affirming  that 
of  the  district  court  for  the  said  district,  to  the  Supreme  Court 
of  the  U.  S.  in  the  case  wherein  John  Donnell,  of  Baltimore, 
was  libellant,  and  the  said  John  Rodgers  and  John  Smith  were 
14 


210 

respondents,  the  U.  S.  will  indemnify  and  save  harmless  any 
persons  who  may  become  sureties  for  the  said  John  Rodgers, 
in  a  bond  to  respond  the  final  judgment  of  the  Supreme  Court 
on  the  said  appeal.  This  interposition  on  the  part  of  the  U. 
S.  not  to  be  considered  as  involving  them  in  any  other  engage- 
ment or  responsibility,  than  to  indemnify  and  save  harmless  the 
said  sureties  from  eventual  loss,  on  account  of  such  suretyship. 
1818  April  11  ^e  Pr°Per  accounting  officers  of  the  Treasury  to  settle  the 
account  of  John  Rodgers,  for  expenses  actually  incurred  in  the 
defence  of  a  suit  brought  against  him  by  John  Donnell,  of  Bal- 
timore, owner  of  the  schooner  Eleanor,  and  finally  reversed  in 
the  superior  court  of  the  U.  S.,  and  pay  him  the  sum  of 
$1,695  79. 

RUFUS  S.  REED  and  DANIEL  DOBBINS. 

3  8 16, April  27.  The  proper  accounting  officers  of  the  Navy  Department  au- 
thorized and  directed  to  audit  and  settle  the  claim  of  R.  S.  R. 
and  D.  D.,  for  the  schooner  "  Salina,"  by  ascertaining,  or  caus- 
ing to  be  ascertained,  the  value  thereof,  in  such  manner  and 
upon  such  terms  as  may  be  equitable  and  just.  The  amount, 
when  so  ascertained,  to  be  paid  to  the  said  R.  S.  R.  and  D.  D. 

JOHN  G.  REYNOLDS. 

1834  J  ne30      J°nn  Gr.  Reynolds,  a  lieutenant  of  the  marine  corps  of  the 
'  U.   S.  allowed  and  paid,  out  of  the  funds  appropriated  for  the 
naval  service,  for  services  performed  by  him  for  the  quartermas- 
ter's department  of  the  said  corps,  at  the  rate  of  fifteen  dollars 
a  month,  from  August  1st,  1828,  to  April  30th,  1831. 

The  Secretary  of  the  Navy  authorized  to  cause  to  be  paid 
to  the  said  Reynolds  the  usual  allowances  made  by  the  depart- 
ment in  case  of  extra  duty,  as  provost  marshal  of  general  court 
martial,  and  for  such  time  as  he,  the  said  Reynolds,  shall  be 
able  to  prove  such  service  to  have  been  actually  performed. 

SAMUEL  W.  RUFF. 

1836,  June  14.  The  proper  accounting  officers  of  the  Treasury  authorized  to 
audit  and  settle  the  account  of  Samuel  W.  RufT,  a  surgeon  in 
the  navy  of  the  U.  S.,  and  to  allow  him  the  pay  and  emolu- 
ments of  a  surgeon,  in  lieu  of  the  pay  and  emoluments  of  an 
assistant  surgeon,  from  the  4th  April,  1831,  up  to  the  time  of 
his  appointment  as  surgeon  in  the  year  1834 ;  and  the  amount 
due  to  the  said  Samuel  W.  Ruff,  upon  such  settlement  and 
allowance,  to  be  paid. 

HENRY  RICHARDSON. 

1836  July  2  f^'ne  Secretary  of  the  Navy  authorized  to  pay  to  the  legal 
representatives  of  Henry  Richardson,  deceased,  out  of  the  navy 
pension  fund,  the  sum  $233  80,  it  being  the  amount  due  to  the 
said  representatives  of  Henry  Richardson,  deceased,  a  marine 


211 

on  board  the  U.  S.  sloop  of  war  Wasp,  under  the  act  of  Con- 
gress of  the  6th  April,  1816,  and  passed  to  the  navy  pension 
fund  in  consequence  of  not  being  claimed. 

JOHN  RUDD. 

The  sum  of  $40,  heretofore  appropriated,  and  carried  to  the  1636,  July  2, 
surplus  fund,  to  be  paid  to  Lieutenant  John  Rudd,  for  his  pro- 
portion of  prize  money  in  virtue  of  the  act  entitled  "  An  act  for 
the  relief  of  Thomas  Holdup  Stevens,  and  others,"  approved 
14th  July,  1832. 

EDWIN  T.  SATTERWHITE. 

The  accountant  of  the  Navy  Department  authorized  and  re-  1 81 3,  July  22. 
quired  to  assume  the  day  of  the  departure  of  the  U.  S.  brig  Vix- 
en from  a  port  in  the  U.  S.  on  her  last  cruise,  as  the  day  on 
which  the  account  of  said  E.  T.  Satterwhite,  the  purser  of  said 
brig,  shall  be  settled  and  balanced.  And  the  accountant  au- 
thorized to  pay  to  the  said  E.  T.  S.,  such  sum  as  may  be  due 
for  pay  and  commissions,  previous  to  the  said  day  of  the  sailing 
of  the  brig  Vixen  from  a  port  in  the  U.  S.,  if  in  his  judgment 
any  such  sum  may  be  due.  [See  act  of  Aug.  2,  1813,  page 
176,  "  for  the  relief  of  the  officers  and  crew  of  the  late  U.  S. 
brig  Vixen."] 

The  Secretary  of  the  Navy  authorized  and  required  to  ad-  isi4,Mar.  31. 
just  and  settle  the  accounts  of  E.  T.  Satterwhite,  late  a  purser 
of  the  U.  S.  sloop  of  war  Hornet,  upon  principles  of  equity  and 
justice,  and  to  make  him  such  allowances  as,  under  the  cir- 
cumstances of  his  case,  shall  appear  reasonable. 


THOMAS  SHIELDS. 

The  Secretary  of  the  Treasury  authorized  to  cause  to  be  paid  1822,  May  7. 
to  Thomas  Shields,  or  his  legal  representative,  the  sum  of 
$1,693  10,  in  consideration  of  his  loss  of  property  to  that 
amount,  occasioned  by  burning  the  public  store-house  at  the 
bay  of  St.  Louis,  by  order  of  Lieutenant  Jones,  commanding 
the  naval  force  of  the  U.  S.,  stationed  at  that  point,  during  the 
invasion  of  Louisiana  by  the  enemy,  in  the  winter  of  1814 
and  '15. 


ROBERT  F.  STOCKTON. 

The  proper  accounting  officers  of  the  Treasury  Department  1823,  Mar.  3. 
authorized  and  directed  to  audit  and  allow  the  accounts  of 
Lieutenant  Robert  F.  Stockton,  late  commander  of  the  U.  S. 
schooner  Alligator,  for  money  paid  and  expenses  incurred,  or 
which  may  hereafter  be  incurred,  by  him,  in  any  suit  or  suits 
instituted  in  the  courts  of  the  U.  S.,  in  the  case  of  the  schooner 
Jeune  Eugenia,  captured  off  the  coast  of  Africa,  by  the  said 
schooner  Alligator,  for  an  alleged  violation  of  the  laws  prohib- 
iting the  slave  trade  ;  and  in  the  case  of  the  ship  Marianna 
Flora,  likewise  captured  on  the  high  seas,  for  an  alleged  pirati- 


212 

cal  aggression  on  the  said  schooner  Alligator,  while  under  the 
command  of  the  said  Stockton  ;  and  which  vessels,  respective- 
ly, were  sent  into  the  U.  S.  for  adjudication. 

SEC.  2.  The  amount  of  said  expenses,  when  ascertained  by 
the  Secretary  of  the  Treasury,  to  be  paid  to  the  said  Robert  F. 
Stockton. 


JOHN  S.  STILES. 

1825,  Mar.  3.  The  Secretary  of  the  Navy  authorized  and  directed  to  insti- 
tute a  re-examination  of  the  case  of  the  ship  Fabius,  the  brig 
Aid,  and  the  schooner  Ann,  formerly  owned  by  George  Stiles, 
now  deceased ;  which  vessels,  during  the  late  war,  were  sunk 
for  the  defence  of  the  harbor  of  Baltimore.  And  further 
authorized  to  allow  to  the  legal  representative  of  said  George 
Stiles,  such  sum  as,  with  what  has  already  been  allowed,  he, 
the  said  Secretary,  shall  deem  a  just  and  reasonable  compensa- 
tion for  the  detention  of  said  vessels,  from  the  17th  day  of  Feb- 
ruary, 1815,  to  the  time  when  they  were  delivered  to  the  owner, 
and  from  thence  to  the  termination  of  the  period  necessary  to 
repair  the  injury  done  to  them  by  sinking  ;  according  to  the  in- 
tent and  meaning  of  the  act  of  Congress,  passed  on  the  26th 
April,  1822,  entitled  "  An  act  for  the  relief  of  sundry  citizens 
of  Baltimore  ;"  the  said  sum  to  be  ascertained  in  such  manner 
as  the  Secretary  of  the  Navy  shall  direct,  which  sum,  so  allow- 
ed, shall  be  paid. 

[See  acts  of  April  26,  1822;  May  7,  1822;  May  29,  1830; 
and  March  2,  1833 ;  for  the  relief  of  sundry  citizens  of  Balti- 
more."] 

JAMES  SCRIVENER. 

1832,  July  14.  The  proper  accounting  officers  of  the  Treasury  authorized 
and  directed  to  pay  to  James  Scrivener,  late  a  seaman  in  the 
U.  S.  navy,  or  his  legal  representatives,  the  sum  of  $37  50,  in 
full  of  transpprtation  money  due  him  during  the  late  war. 


JOHN  D.  SLOAT. 

1833  Feb  19  *^e  Pr°Per  accounting  officer  of  the  Treasury  Department 
'  authorized  and  directed  to  settle  the  account  of  John  D.  Sloat, 
a  master  commandant  of  the  navy,  by  allowing  him  a  credit 
for  the  sum  of  $478  79;  being  the  amount  of  certain  dis- 
counts on  treasury  notes,  which  has  heretofore  been  suspended 
in  consequence  of  the  vouchers,  once  furnished  by  the  said 
John  D.  Sloat,  being  now  mislaid  or  lost. 

1833,  Feb.  20.  ^^  sum  °^  $1>360  appropriated,  to  be  paid  to  Master  Com- 
'mandant  John  D.  Sloat,  of  the  U.  S.  navy,  being  the  amount 
of  his  account  exhibited  to  the  Navy  Department  for  expenses 
incurred  in  entertaining  on  board  the  St.  Louis,  under  his  com- 
mand, General  Bolivar  and  several  of  his  officers,  at  Guayaquil, 
in  the  year  1829;  and  General  La  Fuente,  President  of  Peru 


213 

and  Major  General  Miller,  of  the  Peruvian  army,  in  the  year 
1830. 


GEORGE  W.  STOKER. 

The  sum  of  $500  appropriated  to  indemnify  Captain  G.  W.  1833,  Mar.  2> 
Storer,  of  the  U.  S.  navy,  for  the  expenses  of  accommodating 
Commodore  David  Porter,  Charge  d'Affaires  of  the  U.  S.  at 
Constantinople,  on  board  the  U.  S.  ship  Boston ;  and  for  the 
expenses  of  conveying  George  Porter,  Consul  of  the  U.  S.  at 
Tangiers,  from  Port  Mahon  to  Tangiers ;  and  of  conveying 
Lieutenant  Ebenezer  Ridgway,  Consul  of  the  U.  S.  at  Tripoli, 
and  his  family,  from  Port  Mahon  to  Tripoli. 

E.  R.  SHUBRICK. 

The  sum  of  $1,300  appropriated,  to  be  paid  to  E.  R.  Shu- 1835,  Mar.  3, 
brick,  a  master  commandant  in  the  navy  of  the  U.  S.,  being  a 
reimbursement  of  extra  and  unavoidable  expenses  incurred  by 
him  while  commanding  the  sloop  of  war  Vincennes. 

RICHARD  SMITH. 

The  proper  accounting  officers  of  the  Treasury  authorized  and  1836>  APril  9> 
directed  to  pass  to  the  credit  of  Henry  B.  Tyler,  executor  of  the 
last  will  and  testament  of  Lieutenant  Colonel  Richard  Smith, 
deceased,  the  sum  of  $2,558  64,  being  the  balance  remaining 
unpaid  to  said  Smith,  of  the  moneys  accruing  to  him  under  the 
provisions  of  an  act  of  Congress  approved  on  the  14th  day  of 
July,  1832,  entitled  "  An  act  concerning  officers  of  the  marine 
corps. " 

RICHARD  TAYLOR. 

A  yearly  pension  of  $300,  from  and  after  the  3d  Sept.,  1816, 1817,  Mar.  K 
allowed  to  Commodore  Richard  Taylor,  in  consequence  of  a 
total  disability  arising  from  a  wound  received  from  a  conflict 
with  the  enemy  in  the  Revolutionary  war,  while  in  the  com- 
mand of  a  flotilla  in  the  waters  of  the  Chesapeake,  under  a 
commission  of  captain  in  the  navy  from  the  State  of  Virginia ; 
to  be  paid  half  yearly,  out  of  the  treasury. 

THOMAS  TURNER. 

The  commissioners  of  the  navy  pension  fund  authorized  and  1819,  Feb.  24, 
required  to  pay,  out  of  the  said  fund,  to  the  executors  of  Tho- 
mas Turner,  deceased,  for  the  benefit  of  the  heirs  and  legatees 
of  the  said  Thomas  Turner,  deceased,  the  sum  of  $J.,500 ;  in 
consideration  of  services  rendered  by  the  said  Thomas  Turner, 
deceased,  as  accountant  of  the  Navy  Department,  in  receiving 
and  settling  all  accounts  respecting  the  said  fund,  and  for  which 
no  compensation  has  heretofore  been  made. 


214 

JOHN  B.  TIMBERL^KE. 

1819,  Mar.  2.  The  proper  accounting  officers  of  the  Treasury  authorized 
and  required,  in  the  settlement  of  the  accounts  of  John  B.  Tim- 
berlake,  a  purser  in  the  navy,  to  allow  him  a  credit  of  $3,084 
33 ;  this  sum  having  been  drawn  by  the  late  Lieutenant  John 
Trippe,  while  in  the  command  of  the  U.  S.  schooner  Enter- 
prize,  over  and  above  his  pay  and  emoluments,  from  the  said 
John  B.  Timberlake,  the  purser  of  the  said  vessel. 


SAMUEL  TUCKER. 

1821,  Mar.  2.  The  Secretary  of  the  Navy  directed  to  place  upon  the  navy 
list  of  invalid  pensioners  of  the  U.  S.,  Samuel  Tucker,  late  a 
captain  in  the  navy* of  the  U.  S.,  who  is  unable,  by  reason  of 
age,  to  support  himself  by  labor;  and  who,  having,  by  his 
bravery  and  long  and  faithful  services,  merited  the  gratitude  of 
his  country,  shall  be  entitled  to  receive  a  pension  of  $20  a 
month,  to  commence  from  the  1st  January,  1818,  agreeably  to 
the  provisions  contained  in  the  act,  entitled  "  An  act  for  the 
better  government  of  the  navy  of  the  U.  S./" 

DANIEL  TURNER. 

1833,  Mar.  2.  The  sum  of  $1,182  78  appropriated,  to  indemnify  Captain 
Daniel  Turner,  of  the  U.  S.  navy,  for  the  expense  of  convey- 
ing the  Netherlands'  minister,  and  his  suite,  from  New  York  to 
Curacoa,  by  order  of  the  Secretary  of  the  Navy,  in  the  year 

1828. 

JAMES  TUCKER  and  JOHN  JUDGE. 

1836,  July  l.  The  sum  of  $1,500  to  be  paid  to  James  Tucker  and  John 
Judge,  in  full  consideration  for  the  use  of  their  patent  in  the 
construction  of  anchors  for  the  navy  of  the  U.  S.,  and  in  full 
of  all  claims  of  the  said  James  Tucker  and  John  Judge  against 
the  U.  S.  for  the  use  of  said  patent  from  the  time  of  granting  the 
same  until  its  final  termination. 

DAVID  VALENZIN. 

1804, Mar.  26.  A  sum,  not  exceeding  $2,665  TO  appropriated,  for  the  pur- 
pose of  enabling  the  Secretary  of  the  Navy  to  restore  to  the  le- 
gal representatives  of  David  Valenzin,  deceased,  the  value  of 
the  property  captured  from  him  in  the  Mediterranean  by  the 
American  squadron,  in  the  year  1803.  The  value  of  the  said 
property  to  be  first  duly  ascertained  by  the  proper  accounting 
officers ;  and  the  person  or  persons  applying  therefor  to  exhibit 
due  proof  of  his  or  their  being  the  true  legal  representative  or 
representatives  of  the  said  D.  V. 

SEC.  2.  The  Secretary  of  the  Navy  authorized  and  directed 
to  cause  to  be  liquidated  and  paid,  the  claims  of  those  individ- 
uals who  contributed  to  the  maintenance  and  support  of  the 
said  D.  V.  during  his  imprisonment,  and  who  have  defrayed 


the  expenses  of  bis  interment ;  and  the  sum  of  $500  appropri- 
ated for  the  purpose. 

PHILIP  F.  VOORHEES. 

The  Secretary  of  the  Treasury  to  pay  to  Philip  F.  Voorhees,  1837,  Mar,  3. 
the  sum  of  $600,  in  full  for  expenses  incurred  by  him  while 
commanding1  the  ship  John  Adams,  in  the  Mediterranean,  dur- 
ing the  years  1831  and  1832,  in  conveying  our  consuls  to  and 
from  their  consulates,  and  the  Tripolitan  ambassador  from  Mal- 
ta to  Tripoli,  by  orders  from  Commodores  Biddle  and  Patter- 
son. 


ABRAHAM  WHIPPLE. 

The  Secretary  of  the  Navy  directed  to  place  upon  the  navy  !8iJ,Dec. 
list  of  invalid  pensioners  of  the  U.  S.,  Abraham  Whipple,  late 
a  captain  in  the  navy  of  the  U.  S.,who  has  been  so  disabled  in 
the  line  of  his  duty,  while  in  service,  that  he  is  unable  to  sup- 
port himself  by  labor ;  and  who  shall  be  entitled  to  refteive  one 
half  the  monthly  pay  of  a  captain  in  the  navy,  to  commence 
from  the  1st  January,  1810,  agreeably  to  the  provisions  contain- 
ed in  "  An  act  for  the  better  government  of  the  navy  of  the 
U.  S." 


JESSE  WILKINSON. 

The  Secretary  of  the  Navy  to  pay,  content,  and  satisfy,  to  1823,  May  26, 
the  persons  who  may  be  legally  entitled  to  receive  the  same,  or 
who  may  have  legally  satisfied  and  paid  the  same,  the  damages 
and  taxed  costs  decreed  to  be  paid  by  Jesse  Wilkinson,  a  mas- 
ter commandant  in  the  navy  of  the  U.  S.,  to  Don  Pablo 
Daunes,  by  the  District  Court  of  the  U.  S.,  for  the  District  of  . 
Virginia,  in  the  cause  of  the  "  U.  S.  of  America,  as  well  in  be- 
half of  themselves  as  of  the  officers  and  crew  of  the  U.  S.  brig 
of  war  Spark,  Jesse  Wilkinson,  Esq.  commander,  against  the 
schooner  Ninfa  Catalana,  her  tackle,  apparel,  armament,  and 
furniture."  And  the  sum  of  $13,239  48  appropriated  for  the 
purpose  aforesaid. 

CHARLES  WILKES,  JUNIOR. 

The  proper  accounting  officer  of  the  Treasury  to  allow  to  1830,  May  5." 
Charles  Wilkes,  Junior,  a  lieutenant  in  the  naval  service  of  the 
U.  S.,  and  to  any  other  person  or  persons  with  whom  he  may 
have  contracted  for  the  same,  all  such  sums  of  money  as  he 
shall  have  paid,  or,  in  the  case  of  such  other  person  or  persons, 
he  shall  have  contracted  to  pay  them,  for  such  astronomical  and 
mathematical  instruments,  as  by  the  letter  of  the  Secretary  of 
the  Navy  to  him,  dated  18th  November,  1828,  he  was  directed 
to  procure  for  the  exploring  expedition  to  the  Pacific  ocean  and 
South  seas,  on  said  accounting  officer  being  furnished  with  sat- 
isfactory evidence  that  the  respective  articles  are  of  the  value 


216 

and  quality  specified  in  the  contract  therefor,  and  have  been  de- 
livered to  such  person  or  persons  as  the  Secretary  of  the  Navy 
shall  have  directed.  The  amount  to  be  allowed  and  paid  for 
the  said  instruments,  exclusive  of  the  sums  already  paid  by  the 
Navy  Department  and  Navy  Agent  at  New  York,  not  to  ex- 
ceed the  sum  of  $3,300. 

JOHN  A.  WEBSTER. 

1834,  June  30.  The  Secretary  of  the  Navy  authorized  and  required  to  place 
the  name  of  John  A.  Webster,  late  a  sailingmaster  in  the  navy 
of  the  U.  S.,  on  the  navy  pension  list,  at  the  rate  of  $20  per 
month,  payable  from  the  1  st  January,  1833. 

MELANCTHON  TAYLOR  WOOLSEY. 

£836,  May  14.  One-third  part,  and  no  more,  to  be  retained  from  the  pay  of 
Melancthon  Taylor  Woolsey,  a  captain  in  the  navy  of  the  U. 
S.,  from  the  time  of  the  passage  of  the  act  of  March  3d,  1835, 
regulating  the  pay  of  the  navy,  until  the  amount  of  arrears  due 
from  said  Woolsey  to  the  U.  S.  shall  be  discharged ;  any  act 
or  part  of  an  act  to  the  contrary  notwithstanding. 

1838,April  20.  ^e  accountmg  officers  of  the  Navy  Department  to  settle  the 
'  accounts  of  Melancthon  T.  Woolsey,  on  the  principle  of  justice 
and  equity,  subject  to  the  supervision  of  the  Secretary  of  the 
Navy. 

JAMES  WILTBANK. 

1836,  June  23.  The  proper  accounting  officers  of  the  Treasury  authorized 
and  directed  to  audit  and  settle  the  account  of  the  Rev.  James 
Wiltbank,  for  services  performed  as  acting  chaplain  of  the  navy, 
at  the  naval  asylum  and  the  navy  yard  at  Philadelphia,  and  to 
allow  him  for  the  time  he  shall  appear  to  have  performed  such 
services,  the  pay  and  emoluments  of  a  chaplain  in  the  navy  of 
the  U.  S. ;  and  the  amount  found  due  to  the  said  Wiltbank,  to 
be  paid. 

DUDLEY  WALKER. 

4839,  Mar,  3.  The  sum  of  $158  52  to  be  paid  to  Dudley  Walker,  a  purser 
in  the  navy,  for  advances  made  by  him  under  authority  of  his 
commanding  officer,  to  seamen  who  afterwards  deserted  from 
the  U.  S.  schooner  [ship]  Saint  Louis. 

JOHN  J.  YARNALL. 

-1817,  Mar. i.  The  Secretary  of  the  Navy  required  to  adjust  and  settle  the 
accounts  of  John  J.  Yarnall,  deceased,  late  a  lieutenant  in  the 
navy  of  the  U.  S.,  upon  principles  of  equity  and  justice,  and 
to  make  such  allowances  therein  as,  under  the  circumstances  of 
the  case,  shall  appear  reasonable. 


217 

WILLIAM  P.  ZANTZINGER. 

The  Secretary  of  the  Treasury  to  credit,  on  the  account  of  1833,  Feb.  1* 
William  P.  Zantzinger,  as  purser  of  the  U.  S.  ship  Hornet, 
as  of  the  date  of  said  account,  so  as  to  stop  accruing  interest, 
the  sum  of  $3,306  41,  the  amount  of  loss  sustained  by  him  on 
the  sale  of  $35,800  of  treasury  notes  to  pay  the  officers  and 
crew  of  said  ship. 

The  proper  accounting  officers  of  the  Treasury  Department  1335,  Jan.  27. 
authorized  and  required  to  allow  to  said  Zantzinger,  on  settle- 
ment of  his  account  an  additional  credit  of  $2,570  76,  being 
the  difference  between  the  cost  of  certain  purser's  stores  left  on 
the  hands  of  said  Zantzinger  on  the  4th  October,  1829,  when 
he  was  suspended  from  duty  on  board.the  U.  S.  ship  Natchez, 
and  the  net  amount  of  sales  of  the  same  stores  at  Norfolk,  after 
the  arrival  of  said  ship  at  that  port. 


ERRATA. 

Page  55 — at  top  :  insert  the  figures  "  1800." 
64— at  top  :  for  «  800,"  read  1800. 

79,  80,  81 — Sees.  1,  2,  3,  4,  5,  and  6,  should  have  been  neted  as  repealed  by  subse- 
quent acts. 

87 — last  side  note :  for  "  establishments,"  read  enlistments. 
106 — first  line :  for  "  quarterly-yearly,"  read  quarter-yearly. 
\  14 — the  side  notes  are  lower  than  they  should  be. 
119 — under  the  title  of  the  "  act  regulating  the  payments  to  invalid  pensioners,"  insert 

[Repealed,  July  14,  1832.]     See  page  153. 
155 — under  title  of  -act,  insert  [Obsolete.] 


218 


ABSTRACT  of  Appropriations  and  Expenditures  for  the 


Personnel. 

Ma- 

Years. 

Pay  and  subsist- 

Pay of  superin- 

Provisions. 

Medicines  and 

Building  and 

ence. 

tendents,  &c. 

hospital  stores. 

rebuilding 

vessels. 

1791 

; 

. 

1792 

. 

. 

- 

. 

1793 

& 

. 

. 

. 

1794 

. 

. 

- 

$688,888  82 

1795 

. 

. 

. 

. 

1796 

$5,000 

. 

. 

. 

1797 

105,000 

. 

- 

372,000 

1798 

316.679 

_ 

. 

1,665,833 

1799 

947,837  19 

- 

$431,726  30 

$42,750 

1,494,496  10 

1800 

1,280,658  40 

. 

603,642  67 

32,647  20 

. 

1801 

1,269,250  60 

. 

597,101  37 

31,647  20 

259,004 

1802 

81,719 

. 

20,000 

. 

190,575 

1803 

283,993 

$20,000-^1  A 

157,360  20 

7,700 

210,425 

1804 

234,328 

20,000 

T 

125,518  72 

4,875 

* 

1805 

553,828 

20,000 

4 

227,786  40 

10,750 

142,120 

1806 

291,119 

20,000 

9 

157,254  34 

7,500 

. 

1807 

370,802  29 

20,000 

>*> 
^. 

152,318  18 

5,000 

•  _ 

1808 

368,048 

20,000 

&. 

162,765  10 

5,000 

. 

1809 

1,323,077 

20,000 

G  o 

567,765 

35,000 

. 

1810 

718,115 

20,000 

«§! 

353,610  84 

16,000 

- 

1811 

774,390 

20,000 

m  PH 

385,330 

30,000 

. 

1812 

1,488,341 

20,000 

.  C!  g 

559,757 

40,000 

300,000 

1813 

1,668,000 

20,000 

.2^ 

775,000 

100,000 

3,400,000 

1814 

2,579,341 

30,000 

g,! 

1,439,902  52 

120,000 

1,225,000 

1815 

1,358,364  50 

30,000 

2  S 

673,972  50 

40,000 

1816 

1,142,015 

30,000 

nT*3 

C3 

356,870 

25,000 

1817 

1,092,732 

30,000 

g 

496,765 

10,000 

1818 

1,135,595 

30,000 

'O 

511,000 

25,000 

1819 

1,259,472  95 

30,000 

4s 

446,915 

44,850 

1820 

989,320 

35,000 

,3 

415,187 

36,000 

60,000 

1821 

983,325  25 

25,000_ 

a 

337,831 

32,000 

10,000 

1822 

961,466 

36,450 

287,258 

32,000 

100,000 

1823 

929,503  12 

44,650 

220,000 

20,000 

. 

1824 

1,029,935  51 

48,500 

300,000 

25,000 

• 

1825 

1,014,419  10 

48,COO 

355,875 

35,000 

500,000 

1826 

1,117,105  75 

52,240 

421,739  75 

49,000 

350,000 

1827 

1,285,316  50 

58,031  50 

579,148  54 

50,000 

- 

1828 

1,396,504 

59,102 

505,000 

28,200 

201,350 

1829 

1,558,705  61 

59,944  07 

450,550 

29,206  50 

. 

1830 

1,499,827 

57,680 

479,528 

31,500 

- 

1831 

l,278,'694 

57,6*0 

173,463 

25,500 

87,360 

1832 

1,409,927 

68,530 

429,175 

25,000 

258,484 

1833 

1,445,000 

57,330 

460,000 

35,000 

- 

1834 

1,487,244  21 

61,180 

450,000 

40,000 

341,000 

1835 

1,797,557  16 

61,180 

450,000 

40,000 

. 

1836 

2,318,017  16 

68,340 

782,263  75 

41,100 

150,000 

1837 

2,454,686 

69,470 

762,865 

39,000 

780,000 

1838 

1,312,000 

69,770 

600,000        75,000 

. 

1839 

2,352,625  64 

44,000 

600,000 

75,000 

. 

1840 

2,250,000 

74,620 

620,000 

75,000 

- 

51,598,884  74  J1,547,197  57 

18,882,245  18 

1,472,225  70 

12,846,535  92 

i 

219 


Naval  Service,  from  1791  to  1840,  both  years  inclusive. 


teriel. 

Shore  establishments. 

Gallies, 

Repairs  of  ves- 

Purchase of 

Gradual  in- 

Ordnance 

Navy  yards. 

Hospitals, 

gunboats, 

sels. 

timber  and 

crease  &  im- 

and ordnance 

magazines, 

and  barges. 

reservation 

provement. 

stores. 

and  docks. 

of  lands. 

$80,000 

• 

- 

- 

.  >  !' 

~ 

80,000 

- 

- 

- 

" 

- 

• 

- 

• 

$20,000 

• 

- 

$50,000 

j 

. 

. 

m 

" 

$240,906 

_ 

- 

$68,439  81 

. 

- 

. 

11,535  28 

_ 

50,000 

140,000 

. 

. 

$15,000 

28,741  37 

. 

•- 

120,000 

. 

. 

5,000 

32,000 

. 

60,000 

375,000 

. 

. 

- 

40,000 

. 

270,000 

300,000 

- 

. 

50,000 

40,000 

_ 

852,500 

333,093  28 

87,500 

- 

360,554  60 

40,000 

- 

- 

195,000 

- 

. 

50,000 

40,000 

. 

. 

445,000 

. 

. 

150,000 

40,000 

. 

. 

150,000 

. 

. 

75,000 

55,000 

. 

m 

250,000 

- 

. 

60,000 

55,000 

. 

. 

1,215,000 

200,000 

. 

460,000 

40,000 

„ 

250,000 

640,000 

200,000 

. 

100,000 

70,000 

100,000 

. 

1,500,000 

200,000 

. 

300,000 

70,000 

. 

. 

500,000 

*  128,774  15 

. 

300,000 

130,000 

. 

. 

300,000 

. 

$1,000,000 

210,000 

420,000 

i. 

- 

325,000 

. 

1,000,000 

120,000 

120,000 

. 

. 

300,000 

. 

1,000,000 

. 

70,000 

. 

. 

476,200 

7,500 

1,000,000 

. 

120,000 

. 

- 

484,000 

. 

1,000,000 

50,000 

65,000 

_ 

. 

375,000 

. 

500,000 

25,000 

. 

- 

- 

408,000 

. 

500,000 

25,000 

14,450 

- 

. 

350,000 

. 

500,000 

20,000 

162,000 

. 

. 

350,000 

. 

500,000 

1,000 

236,000 

- 

.. 

450,000 

. 

500,000 

35,000 

265,000 

. 

. 

440,000 

. 

500,000 

- 

170,000 

- 

. 

450,000 

. 

500,000 

35,000 

231,700  72 

- 

. 

510,000 

. 

500,000 

50,000 

105,000 

. 

. 

557,840  88 

. 

500,000 

50,000 

205,000 

. 

i 

770,380 

. 

500,000 

30,000 

180,500 

- 

. 

615,400 

. 

500,000 

_ 

272,250 

. 

- 

662,477 

. 

500,000 

10,000 

413,595 

147,500 

. 

506,750 

. 

500,000 

10,000 

328,863 

. 

. 

590,000 

. 

500,000 

10,000 

362,010 

88,000 

. 

983,500 

. 

500,000 

15,000 

344,115 

132,700 

. 

1,065,000 

. 

500,000 

64,900 

807,625 

64,610 

. 

1,250,000 

. 

500,000 

72,000 

540,400 

152,089 

. 

1,200,000 

. 

500,000 

65,000 

360,500 

114,150 

- 

1,000,000 

. 

. 

65,000 

186,500 

35,260 

• 

1,000,000 

- 

• 

65,000 

110,250 

24,250 

1,642,500 

21,651,080  97 

1,023,774   15 

14,000,000 

2,953,454  60 

7,023,942  12 

908,559 

220 


ABSTRACT— 


Years. 

Contingent  ex- 

Total of  appropria- 

Total of  expendi- 

Miscellaneous ob- 

penses. 

tions  for  navy  pro- 

tures for  navy  pro- 

jects. 

per. 

per. 

1791 
1792 

- 

- 

• 

(a)   $2,000 

1793 

- 

- 

- 

(a)    3,000 

1794 

- 

$768,888  82 

- 

- 

1795 

. 

. 

. 

'. 

1796 

. 

5,000 

- 

. 

1797 

. 

477,000 

. 

(a)    10,000 

1798 

$62,200 

2,024,712 

. 

. 

1799 

283,600 

3,450,409  59 

. 

(5)   135,591  92 

1800 

393,600 

2,310,548  27 

. 

(a)    10,000 

1801 

382,450 

2,780,359  17 

- 

(c)    75,000 

1802 

. 

372,269  09 

_ 

- 

1803 

42,875  68 

956,095  25 

_ 

16,948  37 

1804 

24,000 

565,721  72 

n 

(d)  1,305,128  45 

1805 

46,951  02 

1,476,435  42 

. 

22,000 

1806 

111,950 

1,247,823  34 

_ 

- 

1807 

75,000 

2,296,268  35 

. 

. 

1808 

75,000 

915,813  10 

- 

- 

1809 

150,000 

2,730,842 

. 

- 

1810 

75,000 

1,462,725  84 

. 

(e)    5,000 

1811 

100,000 

1,674,720 

. 

- 

1812 

115,000 

4,438,098 

. 

- 

1813 

250,000 

7,573,000 

. 

(/)  1,162,000 

1814        622,700 

8,086,943  52 

. 

(«•)  760,000 

1815 

550,000         3,891,111  15 

. 

(A)   425,664  25 

1816 

300,000        3,783,885 

. 

(i)   259,882  77 

1817 

350,000 

3,544,497 

. 

(/fc)   33,439  49 

1818 

300,000         3,371,595 

. 

(&)    15,000 

1819 

311,000 

3,695,937  7!) 

. 

(&)   29,803  60 

1820 

240,000         3,374,507 

. 

._ 

1821 

200,000 

2,488,156  25 

. 

150 

1822 

250,000 

2,674,624 

$1,405,919  79. 

- 

1823 

250,000 

2,496,153  12 

2,393,372  70 

(/)   100,000 

1824 

200,000 

2,690,435  51 

3,019,734  23 

30,305  07 

1825 

205,000 

3,408,794  10 

3,084,318  55 

12,917 

1826 

245,000 

3,345,085  50 

4,315,046  88 

44,812  50 

1827 

225,000 

•3,414,197  26 

4,255,981  60 

59,417  23 

1828 

245,000 

3,600,156 

4,031,118  48 

58,360  68 

1829 

290,391  69 

3,701,638  75      3,639,612  98 

19,750 

1830 

260,000         3,809,415         3,215,784  95 

19,341  48 

1831 

335,000         3,345,347 

4,017,243  71 

35,296  83 

1832 

255,000 

4,169,688 

3,846,541  49 

19,636  76 

1833 

300,000 

3,642,943        3,854,640  94 

18,816  73 

1834 

299,000 

4,228,434  96  |     3,875,731  75 

65,438  40 

1835 

298,000 

4,622,052  16  '     3,768,436  53 

38,172  50 

1836 

324,600 

6,186,455  91 

5,572,614  99 

(m)  164,355  86 

1837 

532,600 

7,153,110 

6,800,797  62 

11,454  65 

1838 

453,000 

4,749,420 

6,126,368  69 

13,199  96 

1839 

453,000 

4,811,385  64 

5,549,691  56 

3,288  41 

1840 

453,000 

4,672,120 

10,934,918  39 

146,485,318  54 

72,772,957  44 

4,985,172  91 

(For  notes,  see  page  222.) 


221 


Continued. 


^           Marine  corps. 

Aggregate  for  navy  marine  corps  and 

miscellaneous. 

Balances  unex- 

pended on  the 

Appropriations. 

Expenditures. 

Appropriations. 

Expenditures. 

1st  January. 

m 

- 

$33,327  50 
2,000 

$570 
53  02 

m 

m 

768,888  82 

61,408  97 

- 

. 

. 

410,562  03 

$707,479  85 

. 

. 

5,000 

274,784  04 

296,917  82 

. 

. 

487,000                      382,631  89 

27,133  78 

. 

. 

2,024,712                    1,381,347  76 

131,501  89 

$237,788  38 

. 

3,823,789  89   j          2,858,081  84 

774,866  13 

162,405  22 

- 

2,482,953  49 

3,448,716  03 

1,740,574  18 

186,903  78 

. 

3,042,352  95 

2,111,424 

774,811   64 

. 

. 

242,294 

915,561   87 

1,805,740  59 

91,778  75 

. 

1,144,797  46 

1,215,230  53 

791,897  72 

84,278  28 

. 

1,667,498  45 

1,189,832  75 

50,184  94 

113,934  58 

. 

1,550,000 

1,597,000 

527,850  64 

94,318   10 

. 

1,692,141  44 

1,649,641  44 

480,165  70 

132,796   12 

. 

2,429,564  47 

1,722,064  47 

45,000 

215,754  70 

. 

1,131,567  80 

1,884,067  80 

752,500 

186,060  50 

. 

2,916,902  50 

2,427,758  80 

196,914  85 

. 

1^664,640  69 

1,654,244  20 

489,143  70 

195,554  05 

. 

1,870,274  05 

1,965,566  39 

499,540  19 

228,905  90 

. 

4,304,669  60 

3,959,365   15 

404,247  85 

410,788^55 

. 

9,510,788  55 

6,446,600  10 

747,052  30 

552,967  35 

. 

8,174,910  87 

7,311,290  60 

3,811,240  75 

270,685 

. 

5,258,686  25 

8,660,000  25 

4,271,111  02 

191,026 

. 

4,234,793  77 

3,908,278  30              759,310  27 

236,662 

. 

3,814,598  49 

3,314,598  49 

910,833  49 

122,100 

ff 

3,508,695 

2,953,695 

1,320,333  47 

144,615  60 

. 

3,427,306  95 

3,847,640  42 

1,875,333  47 

225,433 

. 

4,042,990 

4,387,990 

1,455,000 

220,936  81 

. 

2,709,243  06 

3,319,243  06 

1,110,000 

200,088  22 

$93,551  54 

2,874,712  22             2,224,458  98 

500,000 

226,331  50            213,812  33             2,822,484  62             2,503,765  83 

1,150,253  24 

233,228  71            262,328  72            2,953,969  29            2,904,581  56 

1,491,392  20 

245,995  21            214,463  61             3,667,706  31 

3,049,083  86 

1,540,779  93 

236,292  81 

291,991   92 

3,748,985  23 

4,218,902  45 

1,999,567  39 

212,134 

209,936  89 

3,709,629  20            4,263,877  45 

1,470,590  12 

182,706                   208,041   20 

3,838,748  52            3,918,786  44 

905,120  90 

205,819  60            161,839  51 

3,723,475  40 

3,988,642  47 

783,811  75 

217,733   14            226,824  10 

4,316,000  47 

3,239,428  63 

1,171,630  12 

195,999  16  1        229,217  62 

3,496,643  29 

3,856,183  07 

2,190,236  60 

196,248  77 

210,703  30 

4,465,573  53 

4,947,718 

1,801,029  58 

206,112  28 

222,538  68 

3,867,872  01 

4,274,184  26 

2,293,315  78 

284,500  01 

233,031  59 

4,578,373  37 

4,613,656  45 

2,240,353  50 

287,309  58 

261,149  66 

4,998,234  13 

4,209,835  94 

2,797,962  79 

438,856   19 

315,159  74            6,789,167  96 

6,252,145  24 

3,918,562  78 

294,079  38 

332,670  81 

7,470,057  60 

7,891,364  32 

4,830,410  09 

311,474  93 

382,228  71 

5,076,336  26 

6<&9,867  22 

5,554,739   13 

325,756  91 

337,450  99 

5,890,430  96 

6,787,562  37 

2,828,078  94 

318,462  01 

- 

- 

- 

2,322,885  3! 

9,321,735  93 

4,406,940  92 

156,254,788  32 

155,243,793  74 

• 

222 


NOTES  REFERRED  TO  IN  THE  FOREGOING  STATEMENT. 

*  By  act  of  March  3,  1815,  the  sum  of  $200,000  annually,  for  three  years,  was  appropriated 
for  the  purchase  of  timber ;  and  the  unexpended  balance  thereof  was  subsequently  included  in 
the  appropriation  for  the  gradual  increase  of  the  navy.  The  amount  here  stated  is  the  portion 
of  the  $600,000  that  was  expended. 


MISCELLANEOUS    APPHOPK1ATIONS. 


(a)   For  support  of  revenue  cutters,  then  under  the  control  of  the  Navy  Department. 

(fe)    $117,591  92  for  revenue  cutters;  $18,000  for  maintenance  of  French  prisoners. 

(c)    Maintenance  of  French  prisoners. 

(rf)  $1,000,000  "to  protect  the  commerce  and  seamen  of  the  United  States  against  the  Bar- 
bary  powers." 

(e)    For  experiments  with  the  torpedo. 

(/)  $1,000,000  "towards  defraying  the  expenses  of  the  navy  during  the  year  1813,"  with- 
out specifying  the  heads  applicable  thereto ;  $162,000  for  prize-money. 

( g)  $500,000  for  floating  batteries ;  $260,000  for  purchase  of  vessels  captured  on  Lake  Erie. 

(A)   $200,000  as  prize-money  for  various  captures. 

(t)    $230,000  as  prize-money. 

(&)   $37,500  for  purchase  of  medals  and  swords  voted  by  Congress. 

(/)    $50,000  for  inclined  plane,  and  $50,000  for  suppression  of  the  slave  trade. 

(m)  $150,000  for  exploring  expedition. 


REMARKS  RELATIVE  TO  THE  FOREGOING  STATEMENT. 

In  1 802,  '3,  '4,  '5,  and  '6,  the  appropriations  were  made  in  one  gross  sum,  and  are  here 
divided  among  the  several  heads,  in  the  proportions  which,  it  is  supposed,  were  required  under 
each. 

In  1806,  the  sum  of  $600,000  was  appropriated  in  gross,  for  arrearages  of  the  naval  service 
in  1804  and  '5,  and  are  here  included  in  the  appropriations  for  those  years.  The  heads  under 
which  the  proportions  for  1804  were  required,  could  not  be  ascertained ;  but  for  1805,  they 
have  been  divided  according  to  a  report  from  the  Navy  Department,  dated  December  5,  1805. 
(See  State  Papers,  volume  for  Naval  Affairs,  page  140.) 

Wherever  appropriations  have  been  made  in  one  year  for  arrearages  accruing  in  a  former 
year,  the  sums  have  been  added  to  the  appropriations  for  the  years  during  which  the  arrear- 
ages accrued. 

The  following  are  the  amounts  appropriated  in  one  year,  as  arrearages  accruing  in  former 
years: 

1803,         -  -       $179,975  09,  carried  to  1802 

1806,         -  -         600,00000,         «         1804  and '5 

1813,         -  -         365,000  00,         "         1812 

1820,         -  -         443,050  00,         "         1819 

1830,         -  -         269,510  85,         «         1829 

1832,         -  -  80,000  00,         "         1831 

The  column  of  "  Aggregate  for  navy,  marine  corps,  and  miscellaneous,"  is  taken  from  the 
annually  published  "Account  of  receipts  and  expenditures  of  the  United  States,"  and  includes 
balances  of  old  appropriations  that  have  been  carried  to  the  "  Surplus  fund,"  after  remaining 
unexpended  two  years,  and  which  must  be  re-appropriated  to  be  rendered  available.  These 
same  balances  having  been  once  before  appropriated,  and  included  in  the  aggregate  of  former 
years,  to  include  them  again  in  the  aggregate  would  render  the  apparent  appropriations  greater, 
by  so  much,  than  they  really  are.  Wherever  these  items  have  occurred,  they  have  been  omit- 
ted in  the  columns  under  the  appropriate  heads. 


223 

Amount  of  unexpended  balances,  carried  to  the  surplus  fund,  and  re-appropriated : 


1806, 
1826, 
1827, 
1828, 
1829, 
1835, 


$2,665  70,  and  again  in  1812. 
122,794  42 
23,880  71 
10,765  22 
65,777  90 
50,699  89 


These  two  causes  will  account  for  any  discrepancies  that  may  be  discovered  between  the 
"Total  of  appropriations  for  navy  proper"  and  the  "Aggregate  of  appropriations  for  navy, 
marine  corps,  and  miscellaneous." 

Prior  to  July  1,  1822,  the  expenditures  for  the  naval  service  were  reported  in  gross,  and  not 
under  each  specific  head ;  hence,  those  for  the  navy  alone,  as  contradistinguished  from  the 
marine  corps  and  miscellaneous,  could  not  be  distinguished.  This  same  remark  will  apply  to 
the  expenditures  for  the  marine  corps. 

Prior  to  1822,  the  naval  constructors,  superintendents,  &c.  (embracing  the  civil  establish- 
ment of  the  several  yards)  were  paid  out  of  the  appropriations  for  "  improvement  of  navy 
yards."  The  sums  estimated  as  necessary  for  this  object,  have  been  deducted  from  the  latter 
appropriation,  and  placed  in  the  column  allotted  to  the  former. 


TITLES    OF    ACTS. 


Approved. 

1841,  Aug.     1,  Making  appropriation  for  the  pay,  subsistence,  &c.  of  a  home  squadron  1 
"      Aug.    1 6,  To  provide  for  the  payment  of  navy  pensions     -  1 
"      Sept.   11,  Making  an  appropriation  for  the  purchase  of  naval  ordnance  and  ord- 
nance stores,  and  for  other  purposes  -                                                      -t  '*%$| 

1842,  April  14,  Authorizing  the  construction  of  a  war  steamer  for  harbor  defence            -  2 
"      June   22,  For  the  relief  of  Francis  G.  McCauley  -  2 
"      Aug.      4,  Making  appropriations  for  the  naval  service  for  the  year  one  thousand 

eight  hundred  and  forty -two,  (extract)            -  3 

"      Aug.   23,  Making  an  appropriation  to  supply  a  deficiency  in  the  navy  pension  fund  3 
"      Aug.    26,  To  provide  for  publishing  an  account  of  the  discoveries  made  by  the  ex- 
ploring expedition,  under  the  command  of  Lieutenant  Wilkes  of  the 
United  States  navy  -------4 

"      Aug.   26,  To  regulate  the  pay  of  pursers  and  other  officers  of  the  navy      -  5 

"      Aug.   29,  To  establish  and  regulate  the  navy  ration           ...             -  7 
"      Aug.   29,  Authorizing  the  Secretary  of  the  Navy  to  contract  for  the  United  States 

the  right  to  use  Babbitt's  an ti- attrition  metal  8 

"      Aug.   29,  For  the  relief  of  Thomas  Brownell        -             -             -             -  8 

"      Aug.    29,  For  the  relief  of  Henry  Fry      -             -                                        -             -  ,   9 

"      Aug.    29,  For  the  relief  of  the  legal  representatives  of  Henry  Eckford,  deceased      -  9 

"'    Aug.   29,  For  the  relief  of  Isaac  Hull       «...             -             -  9 

"      Aug.    31,  To  re-organize  the  navy  department  of  the  United  States                          -  10 

"      Aug.    31,  Concerning  professors  of  mathematics  in  the  navy  of  the  United  States  -  12 
"      Aug.   31,  To  authorize  the  construction  of  a  depot  for  charts  and  instruments  of  the 

navy  of  the  United  States      -                                                                    -  1 2 

"      Aug.   31,  To  regulate  the  appointment  and  pay  of  engineers  in  the  navy  of  the  U.  S.  -  13 

1843,  Jan.     20,  To  continue  the  office  of  commissioner  of  pensions       -             -  14 
u      Jan.     28,  For  the  relief  of  Samuel  Hambleton      -                                         ..15 
"      March    1,  For  the  relief  of  Benj.  J.  Totten            -                           -             -  15 
41      March    1,  For  the  relief  of  Mary  Crawford                                                     -             -  15 
"      March   3,  Making  appropriations  for  the  naval  service  for  half  the  calendar  year 

beginning  the  1st  day  of  January,  and  ending  the  30th  day  of  June, 
1843,  and  for  the  fiscal  year  beginning  the  1st  day  of  July,  1843,  arid 
ending  the  30th  day  of  June,  1844,  (extracts)                            -  16 
"      March   3,  To  provide  for  carrying  into  effect  the  treaty  between  Great  Britain,  con- 
cluded at  Washington  on  the  9th  day  of  August,  1842,  (extract)        -  17 
"      March   3,  Authorizing  the  examination  and  survey  of  the  harbor  of  Memphis  in 

Tennessee    -  17 
"      March   3,  To  modify  the  act  entitled  "  An  act  to  provide  for  the  better  security  of 
the  lives  of  passengers  on  board  of  vessels  propelled  in  whole  or  in  part 
by  steam,"  approved  July  7th,  1838,  (extract)                                         -  17 
"      March    3,  Making  appropriations  for  the  civil  and  diplomatic  expenses  of  Govern- 
ment for  the  fiscal  year  ending  30th  day  of  June,  1844,  ( extract)        -  18 
"      March   3,  For  the  relief  of  the  legal  representatives  of  Robert  T.  Spence  -  19 
«      March    1 ,  For  the  relief  of  William  Allen                                        -                           -  20 
"      March   3,  For  the  relief  of  Robert  Ramsay                                        -                           -  20 
"      March   3,  For  the  relief  of  John  Wolfenden                                                                   -  20 
"      March   3,  For  the  relief  of  Boyd  Reilly     -                                                                   -  *20 


11. 
RESOLUTIONS. 


Approved.  Page. 

1841,  Sept.  11,  In  relation  to  the  purchase  of  domestic  water  rotted  hemp  for  the  use  of 

the  United  States  navy          -  ....       21 

"  Sept.  11,  Making  it  the  duty  of  the  Attorney  General  to  examine  into  the  titles  of 
the  lands  or  sites  for  the  purpose  of  erecting  thereon  armories,  and  other 
public  works  and  buildings,  and  for  other  purposes  -  -  21 

1842,  Aug.    11,  To  authorize  the  commission  appointed  to  prepare  rules  and  regulations 

for  the  naval  service  to  appoint  a  clerk  -  -  -  22 

"•     Aug.   31,  Authorizing  experiments  to  be  made  for  the  purpose  of  testing  Samuel 

Colt's  submarine  battery,  and  for  other  purposes         -  -  22 

1843,  Feb.     1 8,  To  establish  agencies  for  water  rotted  hemp      -  -  -  -  23 


INDEX. 


Page. 

Africa,  naval  force  to  be  employed  on  the  coast  of             -             -             -             -  -17 

Agencies,  for  purchase  of  hemp,  to  be  established  in  Kentucky  and  Missouri       f-  -     23 

Appropriation,  for  a  home  squadron           -             -             -             -         '""-,'•  -I 

for  payment  of  navy  pensions         -             -             -             -             -  "     'W 

to  pay  for  Stevens's  iron  war  steamer          -             -             -             -  -2 

to  supply  a  deficiency  in  the  navy  pension  fund      -             •             -  -       3 

acts  authorizing  transfer  of,  repealed           ...        .-'"*'"'  .     12 

for  building  depot  of  charts  and  instruments       /  -             -        .     •/  -     12 

for  floating  dry  dock  at  Pensacola               -             -             -             -  -16 

for  examination  of  the  harbor  of  Memphis,  Tenn.   -             -             -  -     17 

to  pay  for  right  to  use  Babbitt's  anti-attrition  metal              -             -  -     18 

for  survey  of  the  coast        -             -             -             -             -             -  -18 

for  preserving  specimens  brought  by  exploring  expedition  -             -  -     1 9 

for  publishing  account  of  discoveries  by  exploring  expedition          '•  .  .  -     19 

for  conveying  mails  between  Chagres  and  Panama             -         f,-  -     19 

to  purchase  Boyd  Reilly's  vapor  bath          -             -             -             -  -     20 

Attorney  General,  to  examine  into  the  titles  of  all  lands  purchased  by  U.  S.  for  navy  yards, 

etc.,  21  ;  shall  be  aided  by  all  officers  of  the  U.  S.,  21  ;  shall  give  an  opinion  of  the 

validity  of  titles,  21 ;  shall  be  assisted  by  district  attorneys  in  examination  of  titles  -     21 

Boatswains,  pay  of           -             -             -             -             -             -        :    "        .,  Ty*  ""  -  6, 7 

Bureaux,  to  be  attached  to  the  Navy  Department  -             -             -             *             -  -     10 

officers  of,  their  duties  and  compensation        f?'v*j,(        "             ~             "  10,  11 

Carpenters,  pay  of  -  -  -  -  -  ,  ;  v.  .  •  6,  7 

Chagres  and  Panama,  $1,000  appropriated  for  conveying  mails  -  .-  -  -  19 

Charts  and  instruments,  building  to  be  erected  for  depot  of  -  -  -  -  12 
Clerks,  purser's,  6;  in  Navy  Department  and  bureaux,  10,  11  ;  to  aid  Secretary  of  the 

Navy  in  preparing  rules  and  regulations         -             -             -             -             -  -     22 

Clothing,  bureau  of  provisions  and,  established      -             -             -             -             -  -10 

purchases  of,  to  be  made  with  public  money,  5  ;  to  be  furnished  by  contract  -  16 

Coal  heavers,  Secretary  of  the  Navy  authorized  to  employ  -  -  -  -  13 

depots  of,  to  be  established  for  steam  ships  of  war  -  -  -  -  14 

Coast,  survey  of,  to  be  re-organized,  and  how  conducted  -  -  -  -  18,  19 

Commissioner  of  pensions,  office  of,  continued  -  -  •  -  -  -  14 

Commissioners,  board  of  navy,  law  to  establish,  repealed  -  *  ,;  •  -  -  10 

Construction,  equipment  and  repair,  bureau  of,  established  •  -  -  10 

Contract  to  be  made  for  printing  account  of  discoveries  by  the  exploring  expedition  -  4 

Contracts  to  be  made  for  provisions,  clothing,  hemp,  and  other  materials  -  -  -  1 6 

Copper  and  iron  boilers,  relative  strength  of,  to  be  examined  -  -  •  -  18 

Depot,  of  charts  and  instruments,  to  be  built          -             -                         ?-        '     -^  •     12 

naval,  at  Memphis,  Tenn.,  survey  to  be  made  for   -             -            '  •     .        -  -     1 7 

Depots,  for  coal  and  other  fuel,  to  be  established  -  -  '  •  •  -  -  -  1 4 
Dry  dock  at  Brooklyn,  N.  Y.,  not  to  be  built  without  further  examination,  3  ;  floating,  at 

Brooklyn,  may  be  constructed,  3  ;  in  New  York  harbor,  further  expenditures  to  be  sus- 
pended, expediency  of  using  Croton  water  to  be  ascertained,  and  other  plans  examined, 

16;  floating,  at  Pensacola,  §100,000  appropriated  for            -             -            •  -     16 


IV. 

Page. 

Engineer  in  chief,  to  be  appointed,  his  salary  and  duties    -  13,  14 

civil,  for  bureau  of  yards  and  docks         -  -  -  -  -  -     10 

Engineers,  chief  and  assistants,  for  each  steam  ship  of  war,  to  be  appointed  ;  pay  of;  uniform  ; 

rules  and  regulations  for  government  of,  to  be  made   -  .  13,  14 

Equipment,  bureau  of  construction,  equipment  and  repair,  established         -  10 

Examiners,  board  of  three,  to  be  appointed,  to  make  trials  of  inventions  to  prevent  explosion 

of  steam  boilers,  etc  ,  -  ...     17 

Experiments,  $50,000  to  be  expended  for,  to  test  value  of  improvements  in  ordnance,  con- 
struction of  steamers,  etc.  -  2 

Exploring  expedition,  account  of  discoveries  to  be  prepared,  with  illustrations,  and  published 
by  contract,  4  ;  collections  by,  to  be  deposited  in  the  Patent  Office,  4  ;  officers  engaged 
in,  to  be  allowed  extra  pay  -  -  -  18 

Firemen,  Secretary  of  the  Navy  authorized  to  employ       -  -     13 

Floating  dry  docks — see  Dry  docks  -  3,  16 

Franking,  privilege  of,  granted  to  chiefs  of  bureaux,  1 1  ;  to  the  commissioner  of  pensions  -     14 

Groceries,  etc.,  purchases  of,  to  be  made  with  public  money  -  5 

Gunners,  pay  of  -  6,  7 

Hemp,  to  be  hereafter  furnished   by  contract,  1 6  ;  domestic  water-rotted,  to  be  purchased, 

21  ;  agencies  for  inspection,  etc.,  of,  to  be  established  in  Kentucky  and  Missouri          -  23 

Home  squadron,  appropriation  for                                           •  1 

Hydrography,  bureau  of  ordnance  and,  established              -                                        -             -  10 

Instruments,  depot  of  charts  and,  building  to  be  erected  for  -  -     12 

Iron  war  steamer,  contract  for,  to  be  made  with  R.  L.  Stevens       -  2 

and  copper  boilers,  relative  strength  of,  to  be  examined  -  -     18 

Jurisdiction,  application  to  be  made  to  State  legislatures  to  cede      -  -     22 

Lands,  titles  of— see  Attorney  General      -  21,22 

Lieutenants,  may  be  employed  as  clerks,  with  their  own  consent   -  -  -     12 

professors  of  mathematics  shall  mess  with       -  -     12 

Materials,  for  the  use  of  the  navy,  to  be  furnished  by  contract         -  -             -  16 

Mathematics,  professors  of,  shall  mess  with  lieutenants      -             -             -  -  12 

Medicine  and  surgery,  bureau  of,  established          ...  -  1 0 

Memphis,  Tennessee,  harbor  of,  to  be  surveyed  for  depot   -  -  17 

Messengers,  one  allowed  to  each  bureau   -  -  11 

Midshipmen,  no  further  appointments  of,  to  be  made  until  reduced  to  the  number  in  service 

on  the  1st  of  January,  1841,  3  ;  shall  not  draw  the  spirit  part  of  the  ration  -             -  8 

Navy  commissioners,  act  to  establish  board  of,  repealed      -  -     10 

books,  records  and  papers,  belonging  to  office  of,  to  be  distributed 

among  the  bureaux  -     1 1 

pensions — see  Pensions       -                                        -  -     1>  2,  3,  4 

Officers,  number  of,  shall  not  be  increased,  until  further  order  of  Congress,  3  ;  no  purser 
shall  advance  or  loan  money  or  credit  to,  6  ;  performing  duties  of  a  higher  grade,  shall 
receive  the  pay,  7  ;  commissioned,  shall  not  draw  the  spirit  part  of  the  ration,  8  ;  not 
above  the  grade  of  lieutenants,  may  be  employed  as  clerks,  12 ;  attached  to  exploring 
expedition,  to  be  allowed  extra  pay,  18  ;  board  of,  to  re-organize  coast  survey  -     18 

Ordnance,  $600,000  appropriated  for  purchase  of-  -  -  -  -  -2 

$50,000  to  be  expended  in  testing  improvements  in  -       2 

and  hydrography,  bureau  of,  established  -  -     1 0 

Pay,  of  pursers,  5  ;  purser's  clerks  or  assistants,  6 ;  boatswains,  gunners,  carpenters,  and 

sailmakers,  6,  7 ;  engineers  -  -  -13 


V. 

Page. 

Pay,  allowed,  for  performing  duties  of  a  higher  grade          ...        rie3  >n        .       7 

extra,  to  officers  attached  to  late  exploring  expedition  -  -        Mn«  ,•>;        -     18 

and  pension,  no  officer  shall  Teceive  both,  at  same  time  -  -        wr^T/  1,  2 

Pension  fund,  deficiency  in,  supplied         -  -  -  -  •  •  -3 

Pensions,  appropriation  for  payment  of,  1,3;  to  widows  and  children,  to  cease  at  close  of 
next  session,  1  ;  no  officer  shall  receive  pay  and,  at  the  same  time,  1,2;  act  of 
March  3,  1837,  repealed  after  July  1,  1842,  3,  4  ;  to  be  regulated  by  pay  as  it 
existed  on  the  1st  January,  1835,  4;  unclaimed,  not  to  be  returned,  until  after 
14  months     -  -  -  -  -  -  -  •  -4 

office  of  commissioner  of,  continued        ...        wano          -  -     14 

Professors  of  mathematics  shall  mess  with  lieutenants         -  -  -  -  -     12 

Provisions,  daily  allowance  of,  7  ;  may  be  diminished  or  varied,  8  ;  shall  be  furnished  by 

contract       -  -  -  -  -  -  -  -  -16 

and  clothing,  bureau  of,  established       -  -  -  -  -  -10 

Pursers,  shall  not  procure,  or  dispose  of,  stores,  etc.,  for  their  own  benefit,  5 ;  pay  of,  5  ;  bonds 
of,  not  to  be  affected,  5  ;  shall  not  advance  or  loan  money  or  credit  to  officers,  6  ;  may 
appoint  a  clerk,  or  assistant,  6  ;  stores,  shall  be  taken  at  a  fair  valuation  -  6 

Ration,  one  per  day  allowed  to  pursers,  5  ;  to  purser's  clerks,  6  ;  component  parts  of,  7 ;  what 
articles  may  be  substituted  for  others,  7  ;  may  be  diminished  or  varied,  8  ;  spirit  part 
of,  shall  not  be  drawn  by  commissioned  officers,  midshipmen,  or  persons  under  21,  and 
may  be  relinquished  by  all  others,  8  ;  to  engineers  -  -  -  -  -13 

Rules  and  regulations,  for  purchasing  supplies,  to  be  provided  by  the  Executive,  5  ;  to  be 
laid  before  Congress,  6  ;  for  engineers,  to  be  made  by  Secretary  of  the  Navy,  14;  tem- 
porary clerk  to  be  employed,  to  aid  in  preparing         -  -  -  -  -     22 
Steam  boilers,  experiments  to  be  made,  of  inventions  and  plans      -             -             -  -     18 
copper  and  iron,  relative  strength  of,  to  be  reported  on          -             -  -     18 
inventions  of  Easton,  Campbell,  Quimby,  and  others,  to  be  tested     -             -     23 
Steamer,  war,  §50,000  appropriated  to  test  improvements  in  construction  of            -  -       2 
for  harbor  defence,  to  be  contracted  for  with  R.  L.  Stevens  -             -             -       2 
Steam  ship  of  war,  engineers  to  be  appointed  for  each,  13  ;  depots  of  coal,  or  fuel,  to  be  es- 
tablished for              ....--...     H 
Stores,  of  every  description,  to  be  purchased  with  public  moneys  -             -             -  5 
all  pursers',  to  be  taken  at  a  fair  valuation              -             -             -             -                    6 
Supplies,  all  purchases  of,  shall  be  made  with  public  moneys          -             -             -                    5 
Survey,  of  the  harbor  of  Memphis,  Tenn.,  to  be  made        -             -             -             -             -17 
coast,  plan  of,  to  be  re-organized  -             -             -             -             -             -             -18 

Titles  of  lands — see  Attorney  General       -  -  -  -  -  -21,  22 

Transfer  of  appropriations,  laws  authorizing,  repealed        -  -  -  .  -     12 

Travelling  expenses,  10  cents  per  mile  allowed  to  pursers  for  -  -  5 

Uniform,  for  engineers,  to  be  prescribed    -  -  -  -  -  -  -14 


FOR  THE  RELIEF  AND  BENEFIT  OF  INDIVIDUALS. 

Allen,  William,  to  be  placed  on  navy  pension  list              -            -            -  -  -     20 

Babbitt's  anti-attrition  metal,  purchase  of  patent  right         -             -             -  -  8,  18 

Brownell,  Thomas,  to  be  placed  on  navy  pension  list          -             -            -  -  -8 

Campbell,  Ethan,  invention  of,  to  prevent  explosion  of  steam  boilers,  to  be  tried  -  -     23 

Colt,  Samuel,  facilities  for  testing  submarine  battery,  to  be  rendered  to  .  -     22 

Crawford,  Mary,  to  be  allowed  lieutenant's  widow's  pension           -             -  -  -     15 

Easton,  Thomas  M. — see  Ethan  Campbell            -             -             -             -  .  -     23 

Eckford,  Henry,  rent  of  land  at  Sacket'*  harbor,  to  be  paid             -             -  -  -       9 

Fry,  Henry,  to  be  placed  on  navy  pension  list      -           •'-  "*•         -            -  *^  -       9 


VI. 

Page, 

Hambleton,  Samuel,  $970  81  allowed  for  office  rent  and  clerk  hire             -             -  -     15' 

Hull,  Isaac,  amount  paid  to  P.  H.  Green  for  timber,  refunded         -             -             -  •       9 

McCauley,  Francis  G.,  the  sum  of  $742  09  to  be  paid  to  % 

Quimby,  Aaron — see  Ethan  Campbell      -             -             -             -             -             -  -     23 

Ramsay,  Robert,  to  be  placed  on  navy  pension  list  ... 

Reiliy,  Boyd,  patent  right  of,  for  application  of  gas,  to  be  purchased           -  20 

Spence,  Robert  T.,  relieved  from  liability,  to  amount  of  $420  10,  as  security  for  G.  K 


Spence,  late  purser 
Totten,  Benjamin  J.,  allowed  pay  as  acting  lieutenant  in  1833 
Wolfenden,  John,  annual  pension  of  $108,  for  life,  to  be  paid  to 


19 
15 
20 


APPENDIX: 

CONTAINING 

THE  LAWS  RELATING  TO  THE  NAVY,  &c, 

PASSED  BY  THE  TWENTY-SEVENTH  CONGRESS. 


AN  ACT  making  appropriation  for  the  pay,  subsistence,  &c.,  of  a  Home  1841. 

squadron. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the   United  Slates  of  America   in  Congress  assembled, 
That  for  the  pay  and  subsistence,  increase  and  repairs,  medi- 
cines and  contingent  expenses,  of  two  frigates,  two  sloops,  two 
small  vessels,  and  two  armed  steamers,  to  be  employed  as  a 
Home  squadron,  the  sum  of  seven  hundred  and  eighty-nine    f789,3io appro- 
thousand  three  hundred  and  ten  dollars  is  hereby  appropriated,  pnated- 
to  be  paid  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated. 

APPROVED,  August  1,  1841 . 


AN  ACT  to  provide  for  the  payment  of  Navy  pensions. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the   United  States  of  America  in  Congress  assembled, 
That  the  sum  of  one  hundred  and  thirty-nine  thousand  six    $139,666  ocap 
hundred  and  sixty-six  dollars  and  six  cents  is  hereby  appro-  propm 
priated,  to  be  paid  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  for  the  payment  of  pensions  and  half-pay      .  * 
chargeable  on  the  navy  pension  fund:    Provided,  That  all    Proviso;  pen- 
widows  or  children  of  all  naval  officers,  seamen,  or  marines, 
now  deceased,  and  entitled  to  receive  or  make  proof  of  their  Jjfjg} 
pensions  under  the  act  of  the  third  of  March,  eighteen  hundred  congress. 
and  thirty-seven,  shall  receive  the  same  until  the  close  of  the  next  Nowidoworchil 
session  of  Congress;  but  no  widows  or  children  of  any  naval  offi-  drenofanynavai 
cer,  seaman,  or  marine,  who  may  hereafter  die,  shall  be  entitled  ofmanneT^ho 
to  any  pension  by  virtue  only  of  any  provision  in  the  said  act.  ™*y entiSafler 

SEC.  2.  And  be  it  further  enacted,  That  no  officer,  seaman,  NO  officer,' sea- 
or  marine,  entitled  to  a  pension  from  the  navy  pension  fund, 
who  receives  pay  from  the  public  treasury,  shall  receive  more 
from  the  said  fund  than  is  sufficient  to  make  the  whole  amount  er  and  an  officer 
received  from  both  the  above  named  sources  equal  to  the  pay  in 
fixed  by  law  for  the  grade  to  which  the  officer,  seaman,  or  ma- 


1842.       rine  may  belong,  as  an  officer  in  the  services  in  which  he  may 
be  engaged  during  the  year,  so  that  no  officer  shall  receive  pay 
at  the  same  time,  both  as  a  pensioner  and  an  officer  in  service. 
APPROVED,  August  16,  1841. 

AN  ACT  making  an  appropriation  for  the  purchase  of  naval  ordnance  and 
ordnance  stores,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 

of  the   United  States  of  America  in   Congress   assembled, 

$600,000 appro-  That  the  sum  of  six  hundred  thousand  dollars  be  paid,  out  of 

Ked  ordnance  &nv  moneys  in  the  Treasury  not  otherwise  appropriated,  for 

•'ores  ordnance  the  purpose  of  purchasing  ordnance  and  ordnance  stores  for  the 

use  of  the  navy  of  the  United  States. 

secretary  Navy  SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of 
the  Navy  is  hereby  authorized  to  apply  a  part  of  the  sum  here- 
m  anc^  hereby  appropriated,  not  exceeding  fifty  thousand  dol- 
lars, to  the  purpose  of  making  experiments  to  test  the  value  of 
improvements  in  ordnance,  in  the  construction  of  steamers,  and 
other  vessels  of  war,  and  in  other  matters  connected  with  the 
naval  service  and  the  national  defence;  and  also  to  the  pur- 
pose of  defraying  any  charges  left  unpaid  on  account  of  expe- 
riments of  the  like  character  heretofore  made  by  authority  of 
law. 

APPROVED,  September  11,  1841. 

AN  ACT  authorizing  the  construction  of  a  war  steamer  for  harbor  defence. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the   United  States  of  America  in   Congress  assembled, 
secret     of  the  That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  author- 
Navy  authorized  ized  to  enter  into  contract  with  Robert  L.  Stevens  for  the  con- 
R.  L°steavelnrfor  struction  of  a  war  steamer,  shot  and  shell  proof,  to  be  built 
a  war  steamer,    principally  of  iron,  upon  the  plan  of  the  said  Stevens:    Pro- 
Proviso.nottom</erf,  the  whole  cost,  including  the  hull,  armament,  engines, 
"^cosf^tne  Boilers,  and  equipment,  in  all  respects  complete  for  service,  shall 
iviSsSSriandMis6  not  exceed  the  average  cost  of  the  steamers  Missouri  and  Mis- 
8issippi<  sissippi. 

SEC.  2.    And  be  it  further  enacted,  That  the  sum  of  two 
hundred  and  fifty  thousand  dollars  be,  and  the  same  is  hereby, 
appropriated,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated,  towards  carrying  this  law  into  effect. 
APPROVED,  April  14,  1842, 

AN  ACT  for  the  relief  of  Francis  G.  McCauley 
Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the    United  States  of  America  in  Congress  assembled, 
TO  be  paid  the  That  the  Secretary  of  the  Treasury  pay  to  Francis  G.   Mc- 
Cauley,  a  purser  in  the  navy  of  the  United  States,  the  sum  of 
his  ac  seven  hundred  and  forty-two  dollars  and  nine  cents,  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated ;  that  being 


the  amount  found  to  be  his  due  on  settlement  of  his  accounts 
with  the  Treasury  Department,  in  July,  A.  D.  one  thousand 
eight  hundred  and  thirty  two. 
APPROVED,  June  22,  1842. 


1842. 


proviso  relative 


AN  ACT  making  appropriations  for  the  naval  service  for  the  year  one  thousand 

eight  hundred  and  forty-two. 

[EXTRACTS.] 

Provided,  That,  till  otherwise  ordered  by  Congress,  the  offi- 
cers  of  the  navy  shall  not  be  increased  beyond  the  number  in 
the  respective  grades  that  were  in  the  service  on  the  first  day  of 
January,  eighteen  hundred  and  forty-two,  nor  shall  there  be 
any  further  appointment  of  midshipmen  until  the  number  in 
the  service  be  reduced  to  the  number  that  were  in  service  on 
the  first  day  of  January,  eighteen  hundred  and  forty-one,  be- 
yond which  they  shall  not  be  increased  until  the  further  order 
of  Congress. 

Provided,  That  no  part  of  this,  or  any  former  appropriation  Provisoes  reia- 
to  that  object,  shall  be  applied  to  the  construction  of  a  dry  dock  stmction^of01^ 
at  Brooklyn,  except  in  payment  for  materials  previously  con-  ry  or  floating 
tracted  for  and  yet  to  be  delivered,  until  a  suitable  place  shall 
be  selected  in  the  harbor  of  New  York,  and  the  title  to  the  land 
obtained,  and  a  plan  and  estimate  of  the  cost  made,  under  the 
direction  of  the  Secretary  of  the  Navy,  and  approved  by  him 
and  the  President:  And  provided,  also,  That  the  Secretary  of 
the  Navy  may,  in  his  discretion,  apply  the  sum  of  one  hundred 
thousand  dollars  of  the  amount  hereby  appropriated,  and  any 
balance  of  former  appropriations  for  the  construction  of  a  dry 
dock  at  Brooklyn,  New  York,  to  the  construction  of  a  floating 
dock  at  the  same  place  ;  and  if  any  part  of  this  appropriation 
shall  be  expended  upon  the  construction  of  a  floating  dock,  as 
hereby  authorized,  the  construction  of  the  dry  dock  shall  be 
suspended  until  the  further  order  of  Congress. 

APPROVED,  August  4,  1842. 


avy  pensio* 


AN  ACT  making  an  appropriation  to  supply  a  deficiency  in  the  navy  pension 

fund. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  the  sum  of  eighty-four  thousand  nine  hundred  and  fifty-  $34,951,  appro- 
one  dollars  be,  and  the  same  is  hereby,  appropriated,  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated,  to  supply 
any  deficiency  which  may  exist  in  the  navy  pension  fund,  for 
the  payment  of  the  semi-annual  navy  pensions  which  will  be 
due  on  the  first  day  of  July,  eighteen  hundred  and  forty-two. 

SEC.  2.    And  be  it  further  enacted,  That  the  act  entitled  Act  of  March  s, 
"An  act  to  provide  for  the  more  equitable  administration  of  the  1837j  repe{ded< 
navy  pension  fund,"  approved  March  third,  eighteen  hundred 
and  thirty-seven,  be,  and  the  same  is  hereby,  repealed,  from 


1842.       and  after  the  first  day  of  July,  eighteen  hundred  and  forty-two; 

pensions  to  be  an(^  a^  pensions  to  officers  and  seamen  in  the  naval  service 

regulated  accord-  shall  be  regulated  according  to  the  pay  of  the  navy  as  it  existed 

ing  to  the  pay  of  i        /-          i  /•    T  ,ij-T-zi         ji 

the  navy  on  the  on  the  first  day  of  January,  one  thousand  eight  hundred  and 
i!kof  ^"^  thirty-five. 

Act  of  April  6,  SEC.  3.  Jlnd  be  it  further  enacted^  That  so  much  of  an  act 
^Sed,arandytiie  entitled  "An  act  directing  the  transfer  of  money  remaining  un- 
ednmfon"ntoaire~  c^aimec^  by  certain  pensioners,  and  authorizing  the  payment  of 
main  in  the  hands  the  same  at  the  Treasury  of  the  United  States/7  approved  April 
ths.  sixth,  eighteen  hundred  and  thirty  eight,  as  requires  pensions 
that  may  have  remained  unclaimed  in  the  hands  of  pension 
agents  for  eight  months  to  be  returned  to  the  Treasury,  be,  and 
the  same  is  hereby,  repealed,  and  that  the  time  within  which 
such  pensions  shall  be  returned  to  the  Treasury,  be,  and  the 
same  is  hereby,  extended  to  fourteen  months,  subject  to  all  the 
other  restrictions  and  provisions  contained  in  the  said  act. 
APPROVED,  August  23,  1842. 

AN  ACT  to  provide  for  publishing  an  account  of  the  discoveries  made  by  the 
Exploring  Expedition,  under  the  command  of  Lieutenant  Wilkes,  of  the 
United  States  navy. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
ie  inder  ^at  tnere  sna^  be  published,  under  the  supervision  and  di- 
direction"  of  rection  of  the  Joint  Committee  on  the  Library,  "  an  account  of 
tne  discoveries  made  by  the  exploring  expedition,  under  the 
command  of  Lieutenant  Wilkes,  of  the  United  States  navy  ;" 
which  account  shall  be  prepared  with  illustrations,  and  pub- 
lished in  a  form  similar  to  the  voyage  of  the  Astrolabe,  lately 
published  by  the  Government  of  France. 

Proposals  for  100      SEC.  2.  And  be  it  further  enacted,  That  when  such  account 
ertfs9edlfone  ad"  shall  have  been  written,  and  the  illustrations  for  the  same  shall 
have  been  prepared,  an  advertisement  shall  be  inserted  in  the 
papers  publishing  the  laws  of  the  United  States,  inviting  pro- 
posals for  printing  one  hundred  copies  of  the  same  for  the 
United  States,  to  be  delivered  to  the  Librarian  of  Congress  in 
a  time,  and  at  a  price  to  be  stipulated  in  such  contract;  and 
contract  to  be  the  COD  tract  shall  be  nrade  with,  and  given  to,  the  person  offer- 
ing  and  giving  sufficient  assurance  to  perform  the  work  at  the 
lowest  price  ;  and,  on  such  contract  being  made,  the  u  account" 
shall  be  delivered  to  such  contractor. 
objects  of  natu-      SEC.  3.    And  be  it  further  enacted,  That  until  other  pro- 
in°the  vision  be  made  by  law  for  the  safe-keeping  and  arrangement  of 
office,  such  objects  of  natural  history  as  may  be  in  possession  of  the 
Government,  the  same  shall  be  deposited  and  arranged  in  the 
upper  room  of  the  Patent  Office,  under  the  care  of  such  per- 
son as  may  be  appointed  by  the  Joint  Committee  on  the  Li- 
brary. 

APPROVED.  August  26,  1842. 


patent 


AN  ACT  to  regulate  the  pay  of  pursers  and  other  officers  of  the  navy.  1842. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  ~ 
of  the   United  States  of  America  in   Congress   assembled, 
That  all  purchases  of  clothing,  groceries,  stores,  and  supplies    AH  supplies  for 

„  !••/•!  c     i  11  f  i     lhe    "avy  to    be 

of  every  description  for  the  use  of  the  navy,  as  well  for  vessels  made  with  the 
in  commission  as  for  yards  and  stations,  shall  be  made  with,  and  KdwregKS 
out  of,  the  public  moneys  appropriated  for  the  support  of  the  *°  be  prescribed 

'        JT    "          IT          •        rr  •  i  i     by  the  Executive. 

navy,  under  such  directions  and  regulations  as  may  be  made 

by  the  Executive  for  that  purpose;  and  it  shall  not  be  lawful  Pursers, &c., nor 

for  pursers,  or  other  officers  or  persons  holding  commission  or  Sores 'to 

employment  in  the  naval  service,  to  procure  stores,  or  any  other 

articles  or  supplies  for,  and  dispose  thereof  to  the  officers  or  to 

the  crew,  during  the  period  of  their  enlistment,  on  or  for  their 

own  account  or  benefit ;  nor  shall  any  profit  or  per  centage  upon    NO  per  centage 

stores  or  supplies  be  charged  to,  or  received  from,  persons  in  Sores^oSIfr than 

the  naval  service,  other  than  those  which  are  hereinafter  pre-  ^^Cter   pre" 

scribed. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty     Executive 
of  the  Executive  to  provide  such  rules  and  regulations  for  the  fElor the 
purchase,  preservation,  and  disposition  of  all  articles,  stores,  and  ^hcase  of  Store8» 
supplies  for  persons  in  the  navy,  as  may  be  necessary  for  the 
safe  and  economical  administration  of  that  branch  of  the  public 
service. 

SEC.  3.  And  be  it  further  enacted,  That  in  lieu  of  the  pay,    Pay  of  purser*, 
rations,  allowances,  and  other  emoluments  authorized  by  the 
existing  laws  and  regulations,  the  annual  pay  of  pursers  shall 
be  as  follows,  viz:  when  attached  to  vessels  in  commission  for  Attached  to  ves- 
sea  service,  they  shall  receive—  *£,*  commis- 

For  ships  of  the  line  $3,500 

For  frigates  or  razees       -  3,000 

For  sloops  of  war  and  steamers  of  first  class  2,000 

For  brigs,  and  schooners,  and  steamers,  less  than  first 

class    -  1,500 

On  duty  at  navy  yards  at  Boston,  New  York,  Nor- 
folk, and  Pensacola      -  2,500     Atnavyyardi. 
At  Portsmouth,  Philadelphia,  and  Washington     -  2,000 
At  naval  stations  within  the  United  States  1,500  At  naval  stations. 
And  in  receiving  ships  at  Boston,  New  York,  and 

Norfolk  2,500  sh>   receiving 

And  at  other  places  1,500  At  other places,*. 

On  leave,  or  waiting  orders,  the  same  pay  as  surgeons.  on  leave. 

And  it  is  hereby  expressly  declared,  that  the  yearly  pay  pro-  Yearly  pay  ai- 
vided  in  this  act  is  all  the  pay,  compensation,  and  allowance  l^be^H^thek 
that  shall  be  received,  under  any  circumstances,  by  pursers,  ex-  compensation 

J.  l    i  and     allowance, 

cept  one  ration  each  per  day,  when  attached  to  vessels  for  sea  except,  &c. 
service,  and  except  also  for  travelling  expenses  when  under 
orders,  for  which  ten  cents  per  mile  shall  be  allowed. 

SEC.  4.  And  be  it  further  enacted,  That  nothing  in  this  Bonds  heretofore 
act  contained  shall  be  construed  to  affect  the  bonds  which  have  byVthiract.ffecte<l 


1842.       heretofore  been  given  by  pursers  in  the  navy,  but  the  same  shall 

""  remain  in  full  force  and  effect  as  if  this  law  had  not  been  passed ; 

secretary  of  the  and  the  Secretary  of  the  Navy  is  hereby  authorized  and  required 

mandn™v  bonds'  to  demand  and  receive  from  them,  or  any  of  them,  new  bonds, 

with  sufficient  sureties,  in  all  cases  in  which  he  may  consider 

Pursers  neglect-  the  same  necessary  and  expedient;  and  in  case  any  purser  shall 

J!ve0thefBame  S  neglect  or  refuse  to  give  such  new  bond,  it  shall  be  the  duty  of 

Be  dismissed.      tjle  Executive  to  dismiss  him  forthwith  from  the  service. 

beRuiafd  &before      ^EC'  ^'  ~^^  ^e  it  further  enacted,  That  the  rules  and  regu- 

congress.          lations  which  shall  be  made  in  conformity  with  the  provisions 

of  this  act,  shall  be  laid  before  Congress  at  their  next  session. 

ioan\dofnmoneyr      ^ECt  6*    ^n^  ^e  it;  further  enacted.  That  it  shall  not  be 
&c.,  unlawful.  '  lawful  for  a  purser  in  the  navy  to  advance  or  loan  any  sum  or 
sums  of  money,  public  or  private,  or  any  article  or  commodity 
whatever,  or  any  credit,  to  any  officer  in  the  naval  service,  un- 
der any  pretence  whatever. 

Art  to  go  into  SEC.  7.  And  be  it  further  enacted,  That  the  provisions  of 
this  act  shall  go  into  effect,  within  the  United  States,  from  the 
date  of  its  passage;  and  in  vessels  abroad  at  the  beginning  of 
the  quarter  after  its  official  receipt. 

pursers  at  cer  SEC.  8.  And  be  it  further  enacted,  That  pursers  attached 
SiowSaderkor  to,  and  doing  duty  in,  navy  yards  at  Boston,  New  York,  and 
assistant.  Norfolk,  and  sea-going  vessels  of  a  larger  class  than  sloops  of 

war,  shall  be  authorized  to  appoint  a  clerk  or  assistant,  to  be 
approved  by  the  commanding  officer  of  such  yard  or  vessel; 
and  the  yearly  compensation  of  such  clerk  shall  be  as  follows, 
viz: 
cierk'a  compen-  ln  a  frigate,  or  navy  yard  at  Boston,  New  York,  and 

Norfolk   -  $500 

In  a  ship  of  the  line  700 

His  privileges.  gai(j  assistant  or  clerk  shall  have  the  privileges  which  are  al- 
pursers    and  lowed  to  the  clerk  of  the  commanding  officer ;  and  each  purser 
l  and  clerk,  while  attached  to  vessels  in  commission,  shall  re- 
ceive one  ration  per  day. 

pursers'  stores  SEC.  9.  And  be  it  further  enacted.  That  all  stores  of  pur- 
comSssioiTtobe  sers  on  board  ships  in  commission,  shall  be  taken  by  the  Gov- 
Sent byGovem"  ernment  at  a  fair  valuation,  under  the  direction  of  the  Secretary 

of  the  Navy. 

Acts  inconsist-      SEC.  10.  And  be  it  further  enacted,  That  all  acts  or  parts 
repealed. this  act'  of  acts  wnich  may  be  contrary  to,  or  inconsistent  with,  the  pro- 
visions of  this  act,  shall  be,  and  are  hereby,  repealed, 
pay  of  boat-      SEC.  11.    And  be  it  further  enacted,  That,  from  and  after 
the  passage  of  this  act,  the  annual  pay  of  the  forward  warrant 
officers  of  the  navy  of  the  United  States  shall  be  as  follows  : 

For  boatswains,  gunners,  carpenters,  and  sailmakers — 
When  on  duty  on  board  ships  of  the  line,  and  in  the  three  navy 
yards  at  Boston,  New  York,  and  Norfolk  $800 

On  other  duty        -  700 


When  on  leave  of  absence,  or  awaiting  orders,  the  said  1842. 

officers  shall  receive  .  -  $500  ~~ 

for  the  first  ten  years,  and  after  $600. 

SE^C.  12.  And  be  it  further  enacted.  That  whenever  an  offi-  officers  perform- 

,„  •/,  ~        i  •    i  11  -i  r     i       ing  ine  duty  of  a 

cer  shall  perform  the  duty  of  a  higher  grade,  by  order  of  the  higher  grade,  by 
Secretary  of  the  Navy,  or  the  commander  of  a  fleet  or  squadron,  Xf  p'ay^ 
or  ship  acting  singly  on  foreign  service,  such  officer  shall  be  en-  otherwise. 
titled  to  receive  the  pay  of  such  higher  grade  during  the  time 
he  performs  the  duty  in  that  grade,  and  no  longer ;  and  no  al- 
lowance shall  be  made  for  performing  such  service  hereafter, 
unless  so  ordered. 

APPROVED,  August  26,  1 842. 


AN  ACT  to  establish  and  regulate  the  navy  ration. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  the  navy  ration  shall  consist  of  the  following  daily  allow- 
ance of  provisions  for  each  person  : 

One  pound  of  salted  pork,  with  half  a  pint  of  peas  or  beans ; 
or  one  pound  of  salted  beef,  with  half  a  pound  of  flour,  and  a  component  part* 
quarter  of  a  pound  of  raisins,  dried  apples,  or  other  dried  fruits;  ofthera 
or  one  pound  of  salt  beef,  with  half  a  pound  of  rice,  two  ounces 
of  butter,  and  two  ounces  of  cheese,  together  with  fourteen 
ounces  of  biscuit,  one  quarter  of  an  ounce  of  tea,  or  one  ounce 
of  coffee,  or  one  ounce  of  cocoa ;  two  ounces  of  sugar,  and  one 
gill  of  spirits ;  and  of  a  weekly  allowance  of  half  a  pound  of 
pickles  or  cranberries,  half  a  pint  of  molasses,  and  half  a  pint 
of  vinegar. 

SEC.  2.    And  be  it  further  enacted.  That  fresh  meat  may  Fresh  meat  may 
be  substituted  for  salt  beef  or  pork,  and  vegetables  or  sour  crout  be  substituted  for 

/*  1  l  I  11  I'll  II  1        S&HGUj  UlHl    VGgC- 

for  the  other  articles  usually  issued  with  the  salted  meats,  al-  tables  for  other 
lowing  one  and  a  quarter  pounds  of  fresh  meat  for  one  pound  ar 
of  salted  beef  or  pork,  and  regulating  the  quantity  of  vegetables 
or  sour  crout,  so  as  to  equal  the  value  of  those  articles  for  which 
they  may  be  substituted. 

SEC.  3.  And  be  it  further  enacted,  That,  should  it  be  ne-  lSoft bread, flour, 
cessary  to  vary  the  above  described  daily  allowance,  it  shall  be  or  rice  may  be 

„   Y  i       •  /.i  i      /-  substituted       for 

lawful  to  substitute  one  pound  of  soft  bread,  or  one  pound  of  biscuit)  wine  for 
flour,  or  half  a  pound  of  rice,  for  fourteen  ounces  of  biscuit ;  spmls' &c- 
half  a  pint  of  wine  for  a  gill  of  spirits ;  half  a  pound  of  rice  for 
half  a  pint  of  beans  or  peas ;  half  a  pint  of  beans  or  peas  for 
half  a  pound  of  rice. 

When  it  may  be  deemed  expedient  by  the  President  of  the  Articles  allowed 
United  States,  Secretary  of  the  Navy,  commander  of  a  fleet  or  forbcachboSin 
squadron,  or  of  a  single  ship  when  not  acting  under  the  au-  certaui  cases« 
thority  of  another  officer  on  foreign  service,  the  articles  of  but- 
ter, cheese,  raisins,  dried  apples,  or  other  dried  fruits,  pickles, 
and  molasses,  may  be  substituted  for  each  other  and  for  spirits : 
Provided,  The  article  substituted  shall  not  exceed  in  value  the  '  vaUw 


s 

1842.       article  for  which  it  may  be  issued,  according  to  the  scale  of 
prices  which  is  or  may  be  established  for  the  same. 

SEC.  4.    And  be  it  further  enacted.  That,  in  cases  of  ne- 

J  • 


«ty,  daily  allow-  „,         ,    .,         ,,  r  .   .      •  ,.      .     .  ,       , 

ance  may  be  di-  cessity,  the  daily  allowance  of  provisions  may  be  diminished  or 


varied  by  the  discretion  of  the  senior  officer  present  in  com 
payment  to  be  mand,  but  payment  shall  be  made  to  the  persons  whose  allow- 
!Uutk>n7tl]     n"  ance  shall  be  thus  diminished,  according  to  the  scale  of  prices 
commander  to  wmch  is  or  may  be  established  for  the  same;  but  a  commander 
reporuhe  neces-  who  shall  thus  make  a  diminution  or  variation,  shall  report  to 
his  commanding  officer,  or  to  the  Navy  Department,  the  ne- 
cessity for  the  same,  and  give  to  the  purser  written  orders,  spe- 
cifying particularly  the  diminution  or  reduction  which  is  to  be 
made. 
spirits  not  ai-      SEC.  5.   JLnd  be  it  further  enacted.  That  no  commissioned 

lowed  to  persons      ~,  .  ,   ,   .  J 

under     twenty-  omcer  or  midshipman,  or  any  person  under  twenty-one  years 

of  age,  shall  be  allowed  to  draw  the  spirit  part  of  the  daily  ra- 

iinqUishSs™imsre"  t*on  '  anc*  a^  otner  persons  shall  be  permitted  to  relinquish  that 

part  of  their  ration,  under  such  restrictions  as  the  President  of 

the  United  States  may  authorize;  and  to  every  person  who,  by 

this  section,  is  prohibited  from  drawing,  or  who  may  relinquish, 

the  spirit  part  of  his  ration,  there  shall  be  paid,  in  lieu  thereof, 

value  to  bepaid  the  value  of  the  same  in  money,  according  to  the  prices  which 

m  money.          are  or  mav  be  established  for  the  same. 

^EC'  ^'    ^n(^  ^e  ^  further  enacted,  That  the  provisions  of 
this  act  shall  go  into  effect  in  the  United  States  on  the  first  day 
of  the  succeeding  quarter  after  it  becomes  a  law,  and  in  vessels 
abroad  on  the  first  day  of  the  succeeding  quarter  after  its  official 
ACU?  inconsist-  receipt  ;  and  any  acts  and  parts  of  acts  which  may  be  contrary 

ent  herewith  re-  *  .  *  J         .  ,        ,     r  .   .  /.     i  •  i    n  i  S 

peaied.  to,  or  inconsistent  with,  the  provisions  of  this  act,  shall  be,  and 

are  hereby,  repealed. 

APPROVED,  August  29,  1842. 

AN  ACT  authorizing  the  Secretary  of  the  Navy  to  contract  for  the  purchase, 
for  the  United  States,  the  right  to  use  Babbit's  anti-attrition  metal. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 

of  the   United  States  of  America   in  Congress  assembled, 

Authority  to  con-  That  the  Secretary  of  the  Navy  be,  and  he  hereby  is,  author- 

tract  for  the  pur-  .,  /•        i  i  /•  i  •  !•  ,  i 

chase  thereof,      ized  to  contract  for  the  purchase,  from  the  proprietor  of  the  pa- 
tented interest  therein,  for  the  United  States,  the  right  to  use 
Babbit's  anti-attrition  metal  in  the  construction  of  machinery 
and  other  work,  subject  to  the  ratification  of  Congress. 
APPROVED,  August  29,  1842. 

AN  ACT  for  the  relief  of  Thomas  Brownell. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
PeISoneofp|io  a  °^  ^*e  ^niteci  States  of  America  in  Congress  assembled, 
month,  from  the  That  the  name  of  Thomas  Brownell  be  placed  upon  the  roll 
ocM84o!827'  te  of  navy  pensioners,  and  that  he  be  allowed  and  paid  a  pension 


of  ten  dollars  per  month,  from  the  close  of  the  year  one  thou-       1842. 
sand  eight  hundred  and  twenty-seven,  to  October,  one  thou-  "~ 
sand  eight  hundred  and  forty,  for  a  disability  received  by  him 
while  in  the  discharge  of  his  duty  as  master  on  board  the  Law- 
rence, under  Commodore  Perry,  in  the  year  one^  thousand  eight 
hundred  and  thirteen. 

APPROVED,  August  29,  1842. 

AN  ACT  for  the  relief  of  Henry  Fry. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the   United  States  of  America  in  Congress  assembled, 
That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  author-    Pension  of  $st 
ized  and  required  to  place  the  name  of  Henry  Fry,  of  the  city  a) 
of  Philadelphia,  formerly  a  purser  in  the  navy,  on  the  list  of 
invalid  navy  pensioners,  and  to  pay  him,  at  the  rate  of  twenty 
dollars  per  month,  to  commence  on  the  first  of  January,  one 
thousand  eight  hundred  and  thirty-eight. 

APPROVED,  August  29,  1842. 

AN  ACT  for  the  relief  of  the  legal  representatives  of  Henry  Eckford, 
deceased. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the   United  States  of  America  in  Congress   assembled, 
That  there  be  paid  to  the  legal  representatives  of  Henry  Eck-    TO  be  paid  for 
ford,  deceased,  out  of  any  money  in  the  Treasury  not  otherwise  SkininVgeone Hen- 
appropriated,  the  sum  of  three  thousand  seven  hundred  and  ry.Eckford's  pre 

•i    n  i       •  f   11  raises. 

eighty-three  dollars  and  ninety-seven  cents,  in  full  payment 
and  satisfaction  for  any  claims  they,  or  the  said  Henry  Eckford 
had,  or  may  have,  on  account  of  the  United  States  vessels  New 
Orleans  and  Chippewa  being  suffered  to  remain  on  the  prem- 
ises of  the  said  Henry  Eckford,  for  any  length  of  time  anterior 
to  the  first  day  of  January,  eighteen  hundred  and  forty-two; 
and  a  further  sum,  at  the  rate  of  one  hundred  and  ninety-one 
dollars  sixty-two  and  one  half  cents,  as  long  as  the  said  United 
States  vessel  New  Orleans  shall  remain  at  Navy  Point. 
APPROVED,  August  29,  1842. 


AN  ACT  for  the  relief  of  Isaac  Hull. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the   United  States  of  America  in  Congress  assembled, 
That  the  Secretary  of  the  Treasury  pay  to  Captain  Isaac  Hull,   TO  be  paid  $504 
of  the  United  States  navy,  out  of  any  money  in  the  Treasury  ^^^  him 
not  otherwise  appropriated,  the  sum  of  six  hundred  and  four 
dollars  and  eighty -four  cents,  being  the  amount  paid  by  said 
Isaac  Hull  to  Peter  H.  Green  for  certain  live-oak  timber,  by 
order  from  the  Navy  Commissioners. 

APPROVED,  August  29,  1842. 
2 


10 
1842.  AN  ACT  to  reorganize  the  Navy  Department  of  the  United  States. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress   assembled, 
isis   re-  That  the  act,  approved  February  seventh,  eighteen  hundred 
and  fifteen,  entitled  "An  act  to  alter  and  amend  the  several 
acts  for  establishing  a  Navy  Department,  by  adding  thereto  a 
board  of  commissioners,"  be,  and  the  same  is  hereby,  repealed. 
Bureaus  to  be      SEC.  2.    And  be  it  further  enacted,  That  there  shall  be  at- 
Nlavcyhed  Depart-  tached  to  the  Navy  Department  the  following  bureaus,  to  wit: 
«nem.  1.  A  bureau  of  Navy  Yards  and  Docks. 

2.  A  bureau  of  Construction,  Equipment,  and  Repair. 

3.  A  bureau  of  Provisions  and  Clothing. 

4.  A  bureau  of  Ordnance  and  Hydrography. 

5.  A  bureau  of  Medicine  and  Surgery. 

chiefs  of  the  bu-  SEC.  3.  And  be  it  further  enacted,  That  the  President  of 
pouued°how.ap~  the  United  States,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint,  from  the  captains  in  the  naval  service,  a 
chief  for  each  of  the  bureaus  of  navy  yards  and  docks,  and  of 
ordnance  and  hydrography,  who  shall  each  receive  a  salary  of 
three  thousand  five  hundred  dollars  per  annum,  in  lieu  of  all 
other  compensation  whatever  in  the  naval  service;  and  shall, 
in  like  manner,  appoint  a  chief  of  the  bureau  of  construction, 
equipment,  and  repairs,  who  shall  be  a  skilful  naval  constructor; 
and  shall  also  appoint  a  chief  of  the  bureau  of  provisions  and 
clothing,  who  shall  each  receive  for  his  services  three  thousand 
dollars  per  annum;  and  shall,  in  like  manner  appoint,  from 
the  surgeons  of  the  navy,  a  chief  of  the  bureau  of  medicine  and 
surgery,  who  shall  receive  for  his  services  two  thousand  five 
hundred  dollars  per  annum. 

secretary  of  the      SEC.  4.    And  be  it  further  enacted,  That  the  Secretary  of 
thevyfcno^in°gnt  tne  Navy  shall  appoint  the  following  clerks,  to  wit: 
clofficeforotfethe      For  the  office  of  Secretary  of  the  Navy  a  chief  clerk,  who 
secretary  of  the  shall  receive  for  his  services  two  thousand  dollars  per  annum  ; 
one  registering  clerk,  who  shall  receive  for  his  services  one 
thousand  four  hundred  dollars  per  annum ;    three  recording 
clerks,  who  shall  receive  for  their  services  each  one  thousand 
dollars  per  annum ;   one  principal  corresponding  clerk,  who 
shall  receive  for  his  services  one  thousand  five  hundred  dollars 
per  annum  ;  and  two  assistant  corresponding  clerks,  who  shall 
receive  for  their  services  each  twelve  hundred  dollars  per  an- 
num ;    one  warrant  clerk,  who  shall  receive  for  his  services 
twelve  hundred  dollars  per  annum;  and  one  miscellaneous 
clerk,  who  shall  receive  for  his  services  eight  hundred  dollars 
per  annum. 

Bureau  of  Navy      For  the  bureau  of  navy  yards  and  docks  one  civil  engineer, 
Yards  ami  Docks,  wno  shall  receive  for  his  services  two  thousand  dollars  per  an- 
num; one  draughtsman,  who  shall  receive  for  his  services  one 
thousand  dollars  per  annum  ;  one  chief  clerk,  who  shall  receive 
for  his  services  one  thousand  four  hundred  dollars  per  annum  ; 


11 

and  two  assistant  clerks,  one  of  whom  shall  receive  for  his  ser-       1842. 
vices  one  thousand  dollars  per  annum,  and  the  other  shall  re-  "" 
ceive  for  his  services  eight  hundred  dollars  per  annum. 

For  the  bureau  of  construction,  equipment,  and  repairs,  one    Bureau  of  Cun- 
assistant  constructor  and  draughtsman,  who  shall  receive  for  his  Sem^and^re- 
services  the  sum  of  one  thousand  six  hundred  dollars  per  an-  pairs> 
num ;  and  four  clerks,  one  of  whom  shall  receive  for  his  ser- 
vices fourteen  hundred  dollars  per  annum,  and  the  others  shall 
receive  for  their  services  one  thousand  dollars  per  annum  each. 

For  the  bureau  of  provisions  and  clothing,  one  chief  clerk,    Bureau  of  Pro- 
who  shall  receive  for  his  services  one  thousand  four  hundred  yj^°ns  and  cloth- 
dollars  per  annum  ;  and  two  clerks,  one  of  whom  shall  receive 
for  his  services  one  thousand  two  hundred  dollars  per  annum, 
and  the  other  shall  receive  for  his  services  eight  hundred  dollars 
per  annum. 

For  the  bureau  of  ordnance  and'hydrography,  one  draughts-    Bureau  of  ord- 
man,  who  shall  receive  for  his  services  one  thousand  dollars  per  drogCraphy,dandy" 
annum ;  and  three  clerks,  one  of  whom  shall  receive  for  his 
services  twelve  hundred  dollars  per  annum,  and  the  others  shall 
receive  for  their  services  one  thousand  dollars  per  annum  each. 

For  the  bureau  of  medicine  and  surgery  two  clerks,  one  of  Bureau  of  aied- 
whom  shall  receive  for  his  services  twelve  hundred  dollars  per  j^f™  attd  Sur- 
annum,  and  the  other  shall  receive  for  his  services  eight  hundred 
dollars  per  annum ;  and  one  assistant  surgeon,  who  shall  receive 
for  his  services  not  less  than  the  highest  pay  of  his  grade  in  the 
service. 

SEC.  5.  And  be  it  further  enacted,  That  the  Secretary  of  Duties  to  be  df»- 
the  Navy  shall  assign  and  distribute  among  the  said  bureaus  J£e  b^aus."1™8 
such  of  the  duties  of  the  Navy  Department  as  he  shall  judge 
to  be  expedient  and  proper;  and  all  the  duties  of  the  said  bu-  TO  be  performed 
reaus  shall  be  performed  under  the  authority  of  the  Secretary  "f  the  secretary 
of  the  Navy,  and  their  orders  shall  be  considered  as  emanating  of  the  Nav^  &c- 
from  him,  and  shall  have  full  force  and  effect  as  such. 

SEC.  6.   And  be  it  further  enacted,  That  there  shall  be  al-    Messenger*. 
lowed  to  each  bureau  a  messenger,  who  shall  receive  for  his 
services  a  compensation  not  exceeding  seven  hundred  dollars 
per  annum. 

SEC.  7.    And  be  it  further  enacted,  That  the  chief  of  each    Franking  prm- 
bureau  hereby  established,  shall  be  authorized  to  frank  all  com-  le§e- 
munications  from  his  bureau ;  and  all  communications  to  his 
bureau,  on  the  business  thereof,  shall  be  free  of  postage. 

SEC.  8.  And  be  it  further  enacted,  That  the  books,  records,    Papers  of  the 
and  papers,  now  belonging  to  the  office  of  the  Navy  Commis-  Jfonew  offiSTuj 
sioners,  shall  be  distributed  among  the  bureaus,  according  to  be  distribut®d- 
the  nature  of  their  duties  respectively ;  and  the  Secretary  of 
the  Navy  is  hereby  authorized  to  provide  for  each  bureau  such   stationery  to  he 
books  of  record  and  accounts,  and  such  stationery,  as  may  be 
found  necessary ;  for  which  purpose  the  sum  of  three  thousand 
five  hundred  dollars  is  hereby  appropriated,  payable  out  of  any 
moneys  in  the  Treasury  not  otherwise  appropriated. 


12 

1842.  SEC.  9.    And  be  it  further  enacted,  That  the  unexpended 

^a^ance  °^  tne  appropriation  for  clerks  in  the  office  of  the 
Secretary  of  the  Navy,  and  the  unexpended  balance  of  the  ap- 
propriation for  the  Commissioners  of  the  Navy,  their  secretary, 
and  clerks,  together  with  such  additional  sum  as  may  be  neces- 
sary to  carry  this  law  into  effect,  be,  and  the  same  are  hereby, 
appropriated,  out  of  any  moneys  in  the  Treasury  not  otherwise 
appropriated. 

officers,    not      SEC.  10.    And  be  it  further  enacted,  That  the  Secretary  of 
!f0veiieSteengantdse, tne  Navy  shall,  if  the  same  can  be  done  without  detriment  to 
corwen^be^a"  tne  Pu^^c  service,  appoint,  with  their  consent,  officers  of  the 
pointed'  to6  the  navy,  not  above  the  grade  of  lieutenants,  to  perform  the  duties 
of  any  clerkship  created  by  this  act,  (except  as  herein  otherwise 
provided,)  who  shall  receive  each  for  their  services  not  more 
than  nine  hundred  dollars  per  annum,  including  their  regular 
pay  and  rations ;  but  the  appointment  of  any  officer  in  the  navy 
to  any  of  the  offices  or  clerkships  in  this  act,  shall  in  no  man- 
ner whatever  interfere  with  his  grade  in  the  service. 
Authority    to      SEC.  11.    And  be  it  further  enacted,  That  all  acts  or  parts 
Eomfone  TppS  of  acts  authorizing  the  President  of  the  United  States,  or  the 
pnation  to  ano-  Secretary  of  the  proper  Department,  under  his  direction  to 
refates  to  theVa-  transfer  any  portion  of  the  moneys  appropriated  for  a  particular 
repea?eed.artmem'  branch  of  expenditure  in  that  department,  to  be  applied  to 
another  branch  of  expenditure  in  the  same  department,  be,  and 
are  hereby,  so  far  as  relates  to  the  department  of  the  navy, 
repealed. 
APPROVED,  August  31,  1842. 

AN  ACT  concerning  professors  of  mathematics  in  the  navy  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the   United  States  of  America  in  Congress  assembled, 
Entitled  to  mess  That  professors  of  mathematics  in  the  navy  of  the  United  States 
2?  ISre^S  sna11  be  entitled  to  live  and  mess  with  the^lieuteriants  of  sea- 
tiouumich.      going  and  receiving  vessels,  and  shall  receive  such  rations  as 
lieutenants  of  the  same  ship  or  station  shall  receive. 
APPROVED,  August  31,  1842. 

AN  ACT  to  authorize  the  construction  of  a  depot  for  charts  and  instruments  of 
the  navy  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 

of  the   United  States  of  America  in  Congress  assembled. 

secretary  of  the  That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  author- 

tiierefor  contract  ized  to  contract  for  the  building  of  a  suitable  house  for  a  depot 

of  charts  and  instruments  of  the  navy  of  the  United  States,  on 

cost  limited  to  a  plan  not  exceeding  in  cost  the  sum  of  twenty-five  thousand 

S25'000'  dollars. 

$10,000  appro-      SEC.  2.    And  be  it  further  enacted,  That  the  sum  of  ten 
thousand  dollars  be,  and  the  same  is  hereby,  appropriated,  out 


13 

of  any  money  in  the  Treasury  not  otherwise  appropriated,  to-       1842. 
wards  carrying  this  law  into  effect. 

SEC.  3.  And  be  it  further  enacted,  That  the  said  establish-    Location, 
ment  may  be  located  on  any  portion  of  the  public  land  in  the 
District  of  Columbia  which  the  President  of  the  United  States 
may  deem  suited  to  the  purpose. 

APPROVED,  August  31,  1842. 


AN  ACT  to  regulate  the  appointment  and  pay  of  engineers  in  the  navr  of 
the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the   United  States  of  America   in  Congress  assembled, 
That  the  Secretary  of  the  Navy  shall  appoint  the  requisite  num-    Engineers  to  be 
ber  of  chief  engineers  and  assistant  engineers,  not  to  exceed  one  I^JSiJj  of  the 
chief  engineer,  two  first  assistant,  two  second  assistant,  and  three  Navy. 
third  assistant  engineers  for  each  steam  ship  of  war,  for  the  na-  Number  allowed, 
val  service  of  the  United  States,  who  shall  be  paid,  when  in 
actual  service,  as  follows: 

To  the  chief  engineer,  fifteen  hundred  dollars  per  annum  and  pay  in  service, 
one  ration  per  day;  to  the  first  assistant  engineer,  nine  hundred  &c* 
dollars  per  annum  and  one  ration  per  day ;  to  the  second  as- 
sistant engineer,  seven  hundred  dollars  per  annum  arid  one  ra- 
tion per  day;  to  the  third  assistant  engineer,  five  hundred  dol- 
lars per  annum  and  one  ration  per  day;  the  chief  engineer 
shall  be  entitled  to  mess  in  the  ward  room  of  ships  of  war,  and 
in  all  cases  of  prize  money  he  shall  share  as  a  lieutenant;  the 
first  assistant  engineer  shall  share  as  a  lieutenant  of  marines; 
the  second  assistant  engineer  shall  share  as  a  midshipman  ;  the 
third  assistant  engineer  shall  share  as  the  forward  officers ;  but 
neither  the  chief  nor  the  assistant  engineers  shall  hold  any  other 
rank  than  as  engineers. 

SEC.  2.    And  be  it  further  enacted,  That  the  Secretary  of  Firemen  and  coa* 
the  Navy  shall  be  authorized  to  enlist  and  employ  the  requisite  S[er8  author~ 
number  of  firemen,  who  shall  receive,  each,  thirty  dollars  per 
month  and  one  ration  per  day ;  and  the  requisite  number  of 
coal  heavers,  who  shall  receive,  each,  eighteen  dollars  per  month 
and  one  ration  per  day ;  and  the  said  firemen  and  coal  heavers 
shall,  in  all  cases  of  prize  money,  share  as  seamen. 

SEC.  3.  And  be  it  further  enacted,  That  the  said  chief  en-  Pay  of  engineer* 
gineer  and  assistant  engineers,  when  waiting  orders,  shall  be  waiting  or< 
paid  as  follows :  to  the  chief  engineer,  twelve  hundred  dollars 
per  annum ;  to  the  first  assistant  engineer,  seven  hundred  dol- 
lars per  annum ;  to  the  second  assistant  engineer,  five  hundred 
dollars  per  annum;  to  the  third  assistant  engineer,  three  hun- 
dred and  fifty  dollars  per  annum. 

SEC.  4.    And  be  it  further  enacted,  That  the  Secretary  of  Engineer  in  chief 
the  Navy  shall  appoint  a  skilful  and  scientific  engineer  in  chief, lo  be  aPP°inted< 
who  shall  receive  for  his  services  the  sum  of  three  thousand 


14 

1843.       dollars  per  annum,  and  shall  perform  such  duties  as  the  Secre- 
~  tary  of  the  Navy  shall  require  of  him  touching  that  branch  of 

the  service. 
Uniform  for  en-      SEC.  5.    And  be  it  further  enacted.  That  the  Secretary  of 

gineers,  arid  rules    I-VT  ini  \        •        ->  -i  •  <*  /.        ,       J    .  -. 

for  their  govern-  the  Navy  shall  be  authorized  to  pVescnbe  a  uniform  for  the  said 

scribed0  be  pre~  CQ^f  engineers  and  assistant  engineers,  and  to  make  all  neces- 
sary rules  and  regulations  for  the  proper  arrangement  and  gov- 
ernment of  the  corps  of  engineers  and  assistant  engineers,  not 
inconsistent  with  the  constitution  and  laws  of  the  United  States. 
The  sa'^  engineers  and  assistant  engineers  shall  be,  in  all  re- 
spects,  subject  to  the  laws,  rules,  and  regulations  of  the  naval 
service,  in  like  manner  with  other  officers  of  the  service. 

Engineers,  how      SEC.  6.  And  be  it  further  enacted,  That  the  said  chief  en- 
gineers  shall  be  appointed  by  commission,  and  the  assistant  en- 
gineers shall  be  appointed  by  warrant  from  the  Secretary  of  the 
Navy,  in  such  form  as  he  may  prescribe. 
Depots  of  coal      SEC.  7.    And  be  it  further  enacted,  That  the  Secretary  of 

authorized.         ^  j\javy  D6)  an(j  ne  js  hereby,  authorized  to  establish,  at  such 
places  as  he  may  deem  necessary,  suitable  depots  of  coal,  or 
other  fuel,  for  the  supply  of  steam  ships  of  war. 
APPROVED,  August  31,  1842. 


AN  ACT  to  continue  the  office  of  Commissioner  of  Pensions. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the   United  States  of  America  in  Congress   assembled, 
office  continued  That  the  office  of  Commissioner  of  Pensions  shall  be,  and  the 
until  4th  March,  game  jg  hereby,  continued  until  the  fourth  of  March,  one  thou- 
sand eight  hundred  and  forty-six. 

A  commissioner  SEC.  2.  And  be  it  further  enacted,  That  a  Commissioner 
of  Pensions  shall  be  appointed  by  the  President  of  the  United 
States,  by  and  with  the  consent  of  the  Senate,  and  that  he  shal! 
execute,  under  the  direction  of  the  Secretary  of  War  and  the 
Secretary  of  the  Navy,  such  duties  in  relation  to  the  various 
pension  laws  as  may  be  prescribed  by  the  President;  and  also 
such  duties  in  relation  to  the  laws  granting  military  bounty 
lands  as  may  be  assigned  to  him  by  the  Secretary  of  War,  with 
the  sanction  of  the  President. 

Allowed  a  saia-  SEC.  3.  And  be  it  further  enacted,  That  the  said  Commis- 
tL°fraSfng'Priv-  si°ner  sna^  receive  an  annual  salary  of  two  thousand  five  hun- 
ilege-  dred  dollars,  and  shall  have  the  privilege  of  sending  and  receiv- 

ing letters  and  packets  by  mail  free  of  postage. 
APPROVED,  January  20,  1843. 


15 

AN  ACT  for  the  relief  of  Samuel  Hambleton.  1843. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  the  Secretary  of  the  Navy  be,  and  he  hereby  is,  auihori-  An  account  of 
zed  to  cause  to  be  settled  the  account  of  Samuel  Hambleton,  be  seuied)°nand 
for  office  rent  and  clerk  hire  while  he  was  on  duty  as  purser  in 
the  navy  yard  at  Pensacola,  in  the  years  1826,  1827,  1828, 
and  1829;  and,  in  such  settlement,  to  cause  to  be  allowed  to 
him  at  the  rate  of  $600  a  year  for  clerk  hire,  and  $350  for 
house  rent  and  office  rent,  from  the  21st  day  of  August,  1826, 
until  sufficient  accommodations  were  put  up  by  trie  Govern- 
ment, at  the  said  navy  yard,  for  the  accommodation  of  the  purser 
with  house  and  office  room :  Provided,  That  no  greater  sum 
shall  be  allowed,  as  a  balance  due  to  said  Hambleton,  on  such 
settlement  than  $970  81 ;  and  the  Secretary  of  the  Treasury 
is  hereby  authorized  to  pay  to  the  said  Samuel  Hambieton 
such  balance  as  may  be  found  due  to  him  on  such  settlement, 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated. 

APPROVED,  January  28,  1843. 


AN  ACT  for  the  relief  of  Benjamin  J.  Totten. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the   United   States  of  America  in    Congress   assembled, 
That  there  be  allowed  and  paid  to  Benjamin  J.  Totten,  of  the    To  be  paid  for 
United  States  Navy,  out  of  any  mojiey  in  the  Treasury  not  J£5jce;ieutj 
otherwise  appropriated,  the  difference  of  compensation  between  sKf  navy? 
a  sailing  master  and  a  lieutenant  in  the  navy,  for  the  period 
during  which  said  Totten  acted  as  lieutenant  on  board  of  the 
United  States  schooner  Dolphin,  in  the  year  1833,  by  the  tem- 
porary appointment  of  J.  C.  Long,  commander;  said  Totten 
furnishing  to  the  Navy  Department  satisfactory  evidence  of  the 
fact. 

APPROVED,  March  1,  1843. 


AN  ACT  for  the  relief  of  Mary  Crawford. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the    United  States  of  America  in  Congress  assembled, 
That  Mary  Crawford,  widow  of  David  Ross  Crawford,  late  of   Allowed  a  pen- 
the  United  States  Navy,  be  placed  on  the  roll  of  pensioners, sion- 
and  that  there  be  paid  to  her  such  sum,  as  an  annual  pension, 
as  she  would  have  been  entitled  to  receive  had  her  late  husband 
been  a  lieutenant  in  the  service  at  the  time  of  his  death. 

APPROVED,  March  1,  1843. 


16 

1843.  AN  ACT  making  appropriations  for  the  naval  service  for  the  half  calendar  year 
beginning  the  1st  day  of  January  and  ending  the  30th  day  of  June,  1843;  and 
for  the  fiscal  year  beginning  the  1st  day  of  July,  1843,  and  ending  the  30th 
day  of  June,  1844. 

[EXTRACTS.] 

Dry  dock  at  And  the  Secretary  of  the  Navy  is  hereby  directed  to  cause 
an  examination  to  be  made  of  the  expediency,  practicability, 
and  probable  expense  of  constructing  a  dry  dock  in  the  harbor 
of  New  York  upon  the  plan  of  using,  as  an  elevating  power, 
the  water  of  the  Croton  aqueduct,  and  of  sufficient  capacity  to 
rebuild  or  repair  a  seventy-four  gun-ship,  and  to  cause  an  ex- 
amination of  any  other  plan  or  plans  of  a  dry  dock  or  floating 
dock  in  said  harbor,  deemed  worthy  by  the  Secretary  to  be  re- 
ported upon,  and  to  report  the  result  of  such  examination,  with 
his  opinion  thereon,  to  the  next  session  of  Congress.  And  all 
further  expenditures  under  the  appropriations  heretofore  made 
for  the  dry  dock  in  said  harbor  shall  be  suspended  until  the 
first  day  of  January  next;  and  the  sum  of  $100,000  shall  be, 
and  the  same  hereby  is,  appropriated  for  the  construction  of  a 

Dry  dock  at  floating  dry  dock  at  Pensacola,  of  capacity  sufficient  for  the 
Pensacoia.  repair  of  frigates  of  the  smaller  class,  and  upon  such  plan  as 
the  Secretary  of  the  Navy  shall  approve. 

Proviso:  mate-  Provided,  That  all  provisions  and  clothing,  hemp,  and 
Sdtfhe  trannspo?-  ot^er  materials  of  every  name  and  nature,  for  the  use  of  the 
thereof,  to  navy,  and  the  transportation  thereof,  when  time  will  permit, 
by  shall  hereafter  be  furnished  by  contract  by  the  lowest  bidder, 
as  follows :  the  Secretary  of  the  Navy  shall  advertise  once  a 
week  for  at  least  four  weeks,  in  one  or  more  of  the  principal 
papers  published  in  the  place  where  such  articles  are  to  be  fur- 
nished, for  sealed  proposals  for  furnishing  such  articles,  or  the 
whole  of  any  particular  class  of  articles,  specifying  in  such  ad- 
vertisement the  amount,  quantity,  and  description  of  each  kind 
of  articles  to  be  furnished ;  and  all  such  proposals  shall  be  kept 
sealed  until  the  day  specified  in  such  advertisement  for  open- 
ing the  same,  when  they  shall  be  opened  by  or  under  the  di- 
rection of  the  officer  making  such  advertisement,  in  the  presence 
of  at  least  two  persons;  and  the  person  offering  to  furnish  any 
class  of  such  articles,  and  giving  satisfactory  security  for  the 
performance  thereof,  under  a  forfeiture  not  exceeding  twice  the 
contract  price  in  case  of  failure,  shall  receive  a  contract  for  fur- 
nishing the  same:  and  in  case  the  lowest  bidder  shall  fail  to 
enter  into  such  contract  and  give  such  security  within  a  rea- 
sonable time,  to  be  fixed  in  such  advertisement,  then  the  con- 
tract shall  be  given  to  the  next  lowest  bidder,  who  shall  enter 
into  such  contract  and  give  such  security ;  and  that  all  such 
bids  or  proposals  shall  be  preserved  and  recorded,  and  reported 
to  Congress  at  the  commencement  of  every  regular  session ; 
and  the  same  shall  contain  a  true  and  faithful  abstract  of  all 
offers  made,  embracing  as  well  those  which  are  rejected  as 
those  which  are  accepted ;  the  said  abstract  shall  embrace  the 


ir 

names  of  the  party  or  parties  offering,  the  terms  proposed,  the       1843. 
sums  demanded,  and  the  length  of  time  the  agreement  is  to 
continue.     And,  in  case  of  a  failure  to  supply  the  articles,  or  to 
perform  the  work,  by  the  person  entering  into  such  contract, 
he  and  his  sureties  shall  be  liable  for  the  forfeiture  specified  in 
such  contract,  as  liquidated  damages,  to  be  sued  for  in  the 
name  of  the  United  States,  in  any  court  having  jurisdiction 
thereof. 
APPROVED,  March  3, 1843. 

AN  ACT  to  provide  for  carrying  into  effect  the  treaty  between  the  United 
States  and  Great  Britain,  concluded  at  Washington  on  the  ninth  day  of  Au- 
gust, one  thousand  eight  hundred  and  forty-two. 

[EXTRACT.] 

SEC.  6.    And  be  it  further  enacted,  That  it  shall  be  the  a£™*toap£ 
duty  of  the  President  of  the  United  States,  in  execution  of  the  piled  to  the 
provisions  of  the  eighth  article  of  said  treaty,  to  apply  so  much  vMons 
of  the  naval  appropriations  as  may  be  necessary  therefor,  to  the  artlcle- 
preparation,  equipment,  and  maintenance  of  the  naval  force 
therein  stipulated  to  be  employed  on  the  coast  of  Africa  by  the 
United  States. 

APPROVED,  March  3,  1843. 

> 

AN  ACT  authorizing  an  examination  and  survey  of  the  harbor  of  Memphis, 
in  Tennessee. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  authori-  ,  Examination 

-.,  ,•'  ,  .  i  /•     i       nnd  survey  to  be 

zed  to  cause  to  be  made  an  examination  and  survey  of  the  made  with  a  view 
harbor  of  Memphis,  in  Tennessee,  in  reference  to  the  expedi-  Selu 
ency  of  establishing  a  naval  depot  and  yard  for  the  building  dePot- 
and  repairing  steam-ships  and  other  vessels  of  war  at  that  place, 
and  that  he  report  to  Congress  the  result  of  such  examination 
and  survey;  and  that  the  sum  of  three  thousand  dollars  be,      Appropriation 
and  the  same  is  hereby,  appropriated  out  of  any  money  in  the  *' 
Treasury  unappropriated,  to  defray  the  expenses  of  such  ex- 
amination and  survey. 
APPROVED,  March  3, 1843. 

*v^*  LJU84 

AN  ACT  to  modify  the  act  entitled  "  An  act  to  provide  for  the  better  security 
of  the  lives  of  passengers  on  board  of  vessels  propelled  in  whole  or  in  part 
by  steam,*'  approved  July  7,  1838. 

[EXTRACT.] 

SEC.  5.  And  be  it  further  enacted,  That  in  execution  of     Experimental 
the  authority  vested  in  him  by  the  second  section  of  the  joint         °f  ™™ 
resolution  "  authorizing  experiments  to  be  made  for  the  pur- 
pose  of  testing  Samuel  Colt's  sub-marine  battery,  and  for  other 
purposes,"  approved  August  31,  1842,  the  Secretary  of  the 
Navy  shall  appoint  a  board  of  examiners,  consisting  of  three 

o 


18 

1843.  persons,  of  thorough  knowledge  as  to  the  structure  and  use  of 
""  the  steam  engine,  whose  duty  it  shall  be  to  make  experimental 
trials  of  such  inventions  and  plans  designed  to  prevent  the  ex- 
plosion of  steam  boilers  and  collapsing  of  flues,  as  they  may 
deem  worthy  of  examination,  and  report  the  result  of  their  ex- 
periments, with  an  expression  of  their  opinion  as  to  the  relative 
merits  and  efficacy  of  such  inventions  and  plans ;  which  report 
the  Secretary  shall  cause  to  be  laid  before  Congress  at  its  next 
session.  It  shall  also  be  the  duty  of  said  examiners  to  examine 
and  report  the  relative  strength  of  copper  and  iron  boilers  of 
equal  thickness,  and  what  amount  of  steam  to  the  square  inch, 
when  sound,  is  capable  of  working  with  safety;  and  whether 
hydrostatic  pressure,  or  what  other  plan,  is  best  for  testing  the 
strength  of  boilers  under  the  inspection  laws ;  and  what  limi- 
tations as  to  the  force  or  pressure  of  steam  to  the  square  inch, 
in  proportion  to  the  ascertained  capacity  of  a  boiler  to  resist,  it 
would  be  proper  to  establish  by  law  for  the  more  certain  pre- 
vention of  explosions. 

APPROVED,  March  3,  1843. 

AN  ACT  making  appropriations  for  the  civil  and  diplomatic  expenses  of 
Government  for  the  fiscal  year  ending  the  30th  day  of  June,  1844. 

[EXTRACTS.] 

Purchase    of      For  payment  to  Isaac  Babbitt,  of  Boston,  in  execution  of  a 
?"*1"  contract  made  with  him  by  the  Secretary  of  the  Navy  for  the 
purchase  of  Babbitt's  "anti-attrition  metal,"  pursuant  to  the 
act  of  Congress  of  the  29th  of  August,  1842,  twenty  thousand 
dollars;  and  the  accounting  officers  of  the  Treasury  are  hereby 
authorized  and  directed,  in  the  settlement  of  the  accounts  of 
Extra  pay  to  the  officers  attached  to  the  late  surveying  and  exploring  expe- 
pSrhig^expe^i-  dition  to  the  Pacific  ocean  and  the  South  seas,  who  were  em- 
tion.  ployed  in  the  scientific  duties,  to  allow  and  credit  them  with 

extra  pay,  equal  to  that  allowed  to  the  officers  engaged  in  the 
service  of  the  coast  survey. 

Coast  Burvej.        For  survey  of  the  coast  of  the  United  States,  including  com- 
pensation of  superintendent  and  assistants,  one  hundred  thous- 
proviso  relative  and  dollars  i  Provided,  That  this  and  all  other  appropriations 
c0arryrngmitde thereafter  to  be  made  for  this  work,  shall,  until  otherwise  pro- 
&c-  '  vided  by  law,  be  expended  in  accordance  with  a  plan  of  re-or- 

ganizing the  mode  of  executing  the  survey,  to  be  submitted  to 
the  President  of  the^ United  States  by  a  board  of  officers,  which 
shall  be  organized  by  him,  to  consist  of  the  present  superinten- 
dent, his  two  principal  assistants,  and  the  two  naval  officers 
now  in  charge  of  the  hydrographical  parties,  and  four  from 
among  the  principal  officers  of  the  corps  of  topographical  engi- 
neers ;  none  of  whom  shall  receive  any  additional  compensa- 
tion whatever  for  this  service,  and  who  shall  sit  as  soon  as  or- 
ganized. And  the  President  of  the  United  States  shall  adopt 
and  cany  into  effect  the  plan  of  said  board,  as  agreed  upon  by 


19 

a  majority  of  its  members ;  and  the  plan  of  said  board  shall       1843. 
cause  to  be  employed  as  many  officers  of  the  army  and  navy  ~ 
of  the  United  States  as  will  be  compatible  with  the  successful 
prosecution  of  the  work;  the  officers  of  the  navy  to  be  employ- 
ed on  the  hydrographical  parts,  and  the  officers  of  the  army  on 
the  topographical  parts  of  the  work ;  and  no  officer  of  the  army 
or  navy  shall  hereafter  receive  any  extra  pay,  out  of  this  or  any 
future  appropriations  for  surveys. 

To  defray  the  expenses  of  taking  care  of  and  preserving  the    Botanical  and 
botanical  and  horticultural  specimens  brought  home  by  the 
squadron  of  the  Exploring  Expedition,  under  the  direction  and  h°j||j 
control  of  the  joint  committee  on  the  Library,  twelve  hundred  Son!"8 
dollars. 

For  preparing  and  publishing  charts,  and  otherwise  carrying     ^Jjfj8  °/  ^ 
into  effect  the  act  of  August  26,  1842,  for  publishing  an  ac-  tkm°m 
count  of  the  discoveries  of  the  Exploring  Expedition,  under 
the  supervision  and  direction  of  the  Joint  Committee  on  the 
Library,  twenty  thousand  dollars. 

For  defraying  the  expenses  attending  the  conveyance  and  Transmission  of 
forwarding  by  land,  and  of  the  receipt  and  delivery  of  mails, 
letters  and  despatches,  at  and  between  Chagres  and  Panama, 
including  the  compensation  to  an  agent  of  the  United  States  at 
each  of  said  places  for  the  above  purposes,  one  thousand  dol- 
lars, to  be  expended  under  the  direction  of  the  Secretary  of 
State. 

APPROVED,  March  3,  1843. 


AN  ACT  for  the  relief  of  the  legal  representatives  of  Robert  T.  Spence. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  the  Secretary  of  the  Treasury  be,  and  he  hereby  is,  au-  A  credit  of  ^420 
thorized  to  allow  to  the  legal  representative  of  Robert  T. 
Spence  a  credit  of  $420  10,  with  interest  on  $245  10  thereof 
from  the  time  that  the  United  States  calculated  and  recovered 
interest  in  the  judgment  obtained  by  them  against  the  said 
representative,  on  account  of  the  liability  of  her  intestate  as 
security  of  G.  K.  Spence, -on  a  balance  appearing  upon  the 
books  of  the  Treasury  Department  to  be  due  from  the  said 
G.  K.  Spence  for  treasury  notes  by  him  received  in  1815,  and 
like  interest  on  $175  thereof  from  the  same  time,  provided 
that  time  be  not  anterior  to  the  ninth  day  of  November,  1819 ; 
and  if  it  be,  then  from  the  said  9th  day  of  November,  1819, 
upon  a  judgment  in  favor  of  the  United  States,  and  against 
the  said  representative,  in  a  suit  upon  a  bond  executed  by  her 
intestate,  as  the  security  of  the  said  G.  K.  Spence. 

APPROVED,  March  3,  1843. 


20 

1843.  AN  ACT  for  the  relief  of  William  Allen. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the    United  States  of  America  in   Congress  assembled, 
Pension,  $5  a  That  the  Secretary  of  the   Navy  place  the  name  of  William 
womb.  Allen,  of  Portland,  in  the  State  of  Maine,  on  the  roll  of  invalid 

pensioners,  at  the  rate  of  five  dollars  per  month,  to  commence 
on  the  1st  day  of  January,  1839,  and  to  be  continued  so.  long 
as  said  Allen's  disability  shall  continue  to  be  total. 
APPROVED,  March  1,  1843. 

AN  ACT  for  the  relief  of  Robert  Ramsay. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
pension,  $5  a  That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  required 
to  place  the  name  of  Robert  Ramsay  on  the  roll  of  navy  pen- 
sioners, and  to  pay  him  a  pension,  at  the  rate  of  five  dollars 
per  month,  to  commence  and  be  computed  from  the  30th  day 
of  December,  1827. 

APPROVED,  March  3,  1843. 


An  ACT  for  the  relief  of  John  Wolfenden. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the    United  States  of  America  in   Congress  assembled, 
TO  be  paid  an-  That  there  be  paid  to  John  Wolfenden,  out  of  the  Treasury, 
from  anv  moneys  not  otherwise  appropriated,  a  sum  of  money, 
annually,  equal  to  the  amount  paid  at  the  naval  asylum  at 
Philadelphia,  for  the  support  of  a  seaman  in  the  service  of  the 
United  States,  but  not  exceeding  one  hundred  and  eight  dol- 
lars; said  payment  to  be  made  semi -yearly,  and  to  continue 
during  the  life  of  said  John  Wolfenden. 
APPROVED,  March  3,  1843. 

AN  ACT  for  the  relief  of  Boyd  Reilly. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 

of  the    United  States  of  America  in  Congress  assembled, 

Purchase  of  the  That  the  Secretary  of  War  and  the  Secretary  of  the  Navy  be, 

i?mytoa?d  ^avy  an(*  tnev  are  hereby,  authorized  and  instructed  to  receive  from 

B.  Reiiiy's  appa-  Boyd  Reilly  his  patent  right  for  the  use  of  the  different  forms 

ratus  for  the  ap-      /.  J      .      *•  -,     ,  °  ,  .         .,          , 

plication  of  vapor  of  apparatus  invented  by  him  for  the  application  of  gas,  or 
temh,eauS"zed?"  vapor  of  any  description,  to  the  human  system,  which  are  at 
present  in  use,  or  may  at  any  time  hereafter  be  introduced  into 
the  hospitals  of  the  army,  the  navy,  and  the  penitentiary  of  the 
United  States,  and  on  board  of  the  national  shipping;  and  also 
to  settle  the  amount  of  compensation  due  to  him,  on  principles 
of  equity — the  sum  awarded  to  be  charged  in  equal  proportions 
to  the  contingent  expenses  of  the  army  and  navy,  or  to  hospital 
expenditures  of  each  service — provided  the  same  shall  not  ex- 
ceed (he  sum  of  five  thousand  dollars. 
APPROVED,  March  3,  1843. 


21 

1841. 
RESOLUTIONS. 

A  RESOLUTION  in  relation  to  the  purchase  of  domestic  water-rotted  hemp 
for  the  use  of  the  United  States  navy. 

Resolved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  purchase  of  do- 
the  Secretary  of  the  Navy  be,  and  he  hereby  is,  directed .to  nilempTr'the 
purchase  domestic  water-rotted  hemp  for  the  use  of  the  United  navy,  directed. 
States  navy,  so  far  as  the  same  shall  be  found  of  suitable  qual- 
ity, and  can  be  used  beneficially  to  the  service,  having  regard 
to  the  cost,  strength,  and  durability  of  the  article;  and  for  that 
purpose  shall  cause  purchases  of  such  hemp  to  be  made  in  the 
hemp  growing  regions  of  the  Union. 

SEC.  2.   And  be  it  further  resolved,  That  this  joint  resolu-  ^This  resolution 
tion  shall  be  and  remain  in  force  for  the  period  of  seven  years  forTyears1.11  ° 
from  the  passing  thereof. 

APPROVED,  September  11,  1841. 

JOINT  RESOLUTION  making  it  the  duty  of  the  Attorney  General  to  exam- 
ine into  the  titles  of  the  lands  or  sites  for  the  purpose  of  erecting  thereon 
armories,  and  other  public  works  and  buildings,  and  for  other  purposes. 

Resolved  by  the  Senate  and  House  of  Representatives  of 
the   United  States  of  America  in  Congress  assembled,  That  Attorney  general 
it  shall  be  the  duty  of  the  attorney  general  of  the  United  States  amSon^ndre- 
to  examine  into  the  titles  of  all  the  lands  or  sites  which  have  port  to  the  Presi- 
been  purchased  by  the  United  States  for  the  purpose  of  erect-  dent* 
ing  thereon  armories,  arsenals,  forts,  fortifications,  navy-yards, 
custom-houses,  light-houses,  or  other  public  buildings  of  any 
kind  whatever,  and  report  his  opinion  as  to  the  validity  of  the 
title  in  each  case  to  the  President  of  the  United  States. 

2.  Resolved ',  That  it  shall  be  the  duty  of  all  the  officers  of    Title  papers  to 
the  United  States,  having  any  of  the  title  papers  to  the  property 
aforesaid  in  their  possession,  to  furnish  them  forthwith  to  the 

attorney  general,  to  aid  him  in  the  investigation  aforesaid. 

3.  Resolved,  That  no  public  money  shall  be  expended  upon    Public  money 
any  site  or  land  hereafter  to  be  purchased  by  the  United  States  edVn  any  s^or 
for  the  purposes  aforesaid,  until  the  written  opinion  of  the  at-  'u^hase^Tntif 
torney  general  shall  be  had  in  favor  of  the  validity  of  the  title,  &c. 

and  also  the  consent  of  the  Legislature  of  the  State  in  which 
the  land  or  site  may  be,  shall  be  given  to  said  purchaser. 

4.  Resolved,  That  it  shall  be  the  duty  of  the  district  attor-    District  Attor- 
neys of  the  United  States,  upon  the  application  of  the  attor-  Sa£*.fumisb 
ney  general,  to  furnish  any  assistance  or  information  in  their 

power  in  relation  to  the  titles  of  the  public  property  aforesaid 
lying  within  their  respective  districts. 

5.  Resolved,  That  it  shall  be  the  duty  of  the  Secretaries  of  secretaries  of  the 
the  Executive  departments,  upon  the  application  of  the  attor- 

ney  general,  to  procure  any  additional  evidence  of  title  which 
he  may  deem  necessary,  and  which  may  not  be  in  the  posses- 


22 

1842.       sion  of  the  officers  of  Government;  the  expense  of  procuring 
~  which  to  be  paid  out  of  the  appropriations  made  for  the  con- 
tingencies of  the  departments  respectively. 

secretaries  of  6.  Resolved,  That  it  shall  be  the  duty  of  the  Secretaries  of 
Departments"11!!; tne  Executive  departments,  respectively,  under  whose  direction 
apply  to  the  state  any  lands  for  the  purposes  aforesaid  may  have  been  purchased, 

Legislatures     for         J,  ,   .    ,       /      J \     .       ,    ~  ,         J  .  *  .     , 

junsdiction  over  and  over  which  the  United  States  do  not  possess  jurisdiction, 

•aid  lands,  &c.     ^Q  appjy  to  tne  legislatures  of  the  States  in  which  the  lands  are 

situated  for  a  cession  of  jurisdiction;  and,  in  case  of  refusal,  to 

report  the  same  to  Congress  at  the  commencement  of  the  next 

session  thereafter. 

APPROVED,  September  11,  1841. 


JOINT  RESOLUTION  to  authorize  the  commission,  appointed  to  prepare 
rules  and  regulations  for  the  naval  service,  to  appoint  a  clerk. 

Resolved  by  the  Senate  and  House  of  Representatives  of 
Employment  of  the  United  States  of  America  in  Congress  assembled.  That 
tne  Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized, 
agreeably  to  his  request,  to  employ  a  temporary  clerk  for  the 
purpose  of  aiding  the  attorney  general  and  himself  in  carrying 
into  effect  the  resolution  of  the  twenty-fourth  May,  eighteen 
hundred  and  forty-two,  which  requires  of  them  the  preparation 
of  rules  and  regulations  for  the  navy. 
APPROVED,  August  11,  1842. 

JOINT  RESOLUTION  authorizing  experiments  to  be  made  for  the  purpose  of 
testing  Samuel  Colt's  submarine  battery,  and  for  other  purposes. 

Resolved  by  the  Senate  and  House  of  Representatives  of 
secretary  of  the  tne  United  States  of  America  in  Congress  assembled ',  That 
MrVcof°f  rir^er  tne  Secretary  of  the  Navy  be,  and  he  is  hereby,  instructed  to 
tortest°histubma-  render  Mr.  Samuel  Colt  facilities  to  test  his  submarine  battery, 
report^to^bon- to  an  extent  which  will  settle  the  questions  whether  these  or 
8ress>  any  other  plan  can,  with  ease  and  safety,  successfully  be  em- 

ployed as  a  power  sufficient  to  destroy  the  largest  class  of  ships 
of  war  when  in  motion  passing  in  or  out  of  harbor,  without  the 
necessity  of  approach  within  reach  of  shot  from  guns  of  the 
largest  caliber;  and  whether  continued  operations  of  the  de- 
struction of  one  or  more  vessels  can  be  effected  with  renew- 
ing the  means  under  exposure  of  an  advancing  squadron ;  and 
whether  the  same  can  be  used  for  the  defence  of  a  harbor  with- 
out endangering  the  passage  in  or  out  of  other  than  hostile 
vessels,  and  that  he  report,  at  the  next  session  of  Congress,  the 
Proviso:  sum  expense  and  result  of  these  experiments :  Provided,  That  the 
.10  amount  so  expended  does  not  exceed  the  sum  of  fifteen  thou- 
sand dollars,  to  be  taken  from  the  fund  appropriated  by  the  act 
of  eleventh  of  September,  eighteen  hundred  and  forty-one,  for 
experiments  connected  with  the  naval  service  of  the  United 
States. 


23 

SEC.  2.    And  be  it  further  resolved,  That  the  Secretary  of      1843. 
the  Navy  be,  and  he  is  hereby,  authorized  to  make  such  expe-    Trial  of 
rimental  trial  of  the  several  inventions  of  Thomas  M.  Easton, 
Ethan  Campbell,  Aaron  Q,uinby,  or  either  of  them,  or  of  other 
persons,  to  prevent  the  explosion  of  steam  boilers,  as  may  be 
necessary  to  test  their  value  and  utility  as  applicable  for  the 
purpose  aforesaid  to  the  steam  ships  of  the  United  States;  and       (HWa 
the  sum  of  six  thousand  dollars  is  hereby  appropriated  therefor  aufd.    appropn~ 
out  of  the  fund  heretofore  named. 

APPROVED,  August  31,  1842. 


JOINT  RESOLUTION  to  establish  agencies  for  water-rotted  hemp. 

Resolved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled.  That    Agencies  to  b« 
the  Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized  to  Kentucky3   and 
establish  an  agency  in  the  State  of  Kentucky,  and  an  agency  Misaouri' 
in  the  State  of  Missouri,  for  the  inspection,  test,  and  purchase 
of  water-rotted  hemp  for  the  use  of  the  American  navy :  Pro- 
videdj  That  domestic  hemp  shall  not  cost  more  than  foreign 
hemp  of  the  same  quality  in  the  seaport  towns  of  the  United 
States. 

APPROVED,  February  18,  1843. 


